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On 26/01/2005 10:31 AM Kai Schaetzl noted that;
| Everywhere else if you want something you have to prove to the current | owner/maintainer that you are allowed to get it. But with the new domain | transfer policy that confirmation is done against the new registrar. This is | weird. I know it is supposed to ease transfers of domains from unwilling | registrars, but at the same time places a high risk of something going wrong | on the whole procedure.
The task force heavily studied a number of industries and was hard pressed to find actual examples where the equivalent of the losing registrar had a substantial role to play in the transfer process. In the end, we settled on a model similar to what the North American telco industry uses for customer line transfers between the various telco providers.
| And, is it really true that it eases transfers from unwilling registrars away? | This only works if those registrars stop playing foul. Why should they do so? | There weren't any sanctions from ICANN against them during the last years, so | why should this be different now? Does somebody can tell facts about this? | That transfers from Enom, NetSol et.al. are now easier than a year ago?
Two reasons: 1) in the past, the registries were supposed to enforce these aspects of the policy. In practice, this arrangement was a dismal failure. 2) in the past, there were no clear sanctions in place to prevent bad practice other than to suspend access to the registry. Again, this was a practical failure.
The current policy moves the enforcement onus to ICANN and implements substantial financial penalties for bad actors. Since implementing this policy, ICANN has demonstrated a clear willingness and capability to live up to their enforcement obligations and the financial penalties appear to be the deterrent they were intended to be.
I just wish that ICANN was more public with their successful "prosecutions" of this policy so that this perception problem wasn't such an issue.
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Regards,
-rwr
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