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November 2015

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Public Comments: Proposed implementation of GNSO Policy Development Process Recommendations on Inter-Registrar Transfer Policy (IRTP) Part D
by Glen de Saint Géry Nov. 10, 2015

Nov. 10, 2015

FYI https://www.icann.org/public-comments/irtp-d-implementation-2015-11-10-en Proposed implementation of GNSO Policy Development Process Recommendations on Inter-Registrar Transfer Policy (IRTP) Part D Follow Updates<https://www.icann.org/users/sign_up?document_id=13535&following=true> Open Date:10 Nov 2015 23:59 UTC Close Date:21 Dec 2015 23:59 UTC Staff Report Due:8 Jan 2016 23:59 UTC Comments close in 41 Days Brief Overview Purpose: The public comment proceeding seeks to obtain community input on the proposed implementation of the Generic Names Supporting Organization (GNSO) Policy Development Process (PDP) recommendations on the Inter-Registrar Transfer Policy (IRTP) Part D. Current Status: The IRTP Part D PDP Working Group delivered its Final Report<http://gnso.icann.org/en/issues/transfers/irtp-d-final-25sep14-en.pdf> [PDF, 1.1 MB] to the GNSO Council on 5 September 2014. The GNSO Council adopted the report and its recommendations unanimously on 15 October 2014. The ICANN Board adopted the recommendations<https://www.icann.org/resources/board-material/resolutions-2015-02-12-en#1.d> of the IRTP Part D Working Group on 12 February 2015. The Implementation Review Team in conjunction with ICANN staff worked together to develop a revised Transfer Dispute Resolution Policy (TDRP) as well as a revised Transfer Policy. Community input is now sought on the revised TDRP and Transfer Policy to ensure that the proposed revisions meet the intent of the policy recommendations. Next Steps: ICANN staff will review the comments received in collaboration with the Implementation Review Team to determine whether any changes need to be made to the proposed implementation as a result of the input received. Following that, the TDRP and Transfer Policy will be finalized and the implementation effective date announced. In addition, education and outreach materials will be prepared to accompany the implementation. Section I: Description, Explanation, and Purpose In consultation with the GNSO Implementation Review Team, which was formed as directed by the GNSO Council to work with ICANN staff to ensure that the resultant implementation fulfills the intentions of the approved policy recommendations, ICANN staff reviewed the TDRP and Transfer Policy and has proposed revisions which include amongst others: * elimination of the first level (registry level) of the TDRP * the statute of limitation to launch a TDRP is extended from 6 months to 12 months from the initial transfer * inclusion of reporting requirements * inclusion of updated definitions into the TDRP * inclusion of additional reasons to deny a transfer under the Transfer Policy (e.g., pending UDRP proceeding, pending TDRP proceeding) ICANN staff and the GNSO Implementation Review Team are now looking for input on the proposed revisions to the TDRP and Transfer Policy, which aim to satisfy the intent of the GNSO Policy Recommendations. Additionally, any feedback on the expected time needed for affected parties to implement the revised TDRP and Transfer Policy before coming into effect, would be appreciated. Section II: Background The Transfer Policy provides the policy framework for domain name transfers between registrars. The Transfer Policy also provides standardized requirements for inter-registrar transfer disputes - through the Transfer Dispute Resolution Policy (TDRP). The Transfer Policy (formerly, the Inter-Registrar Transfer Policy or IRTP) is an existing community consensus policy that was implemented in late 2004 and has been revised numerous times since then. The IRTP Part D Policy Development Process (PDP) is the fourth and final PDP of this series of revisions. The Generic Names Supporting Organization (GNSO) Council resolved at its meeting on 17 October 2012 to launch an Issue Report on IRTP Part D, which should include all the remaining issues identified by the original transfers Working Groups as well as the additional issue identified by the IRTP Part C WG. The GNSO Council requested an Issue Report from Staff on this fourth and final IRTP PDP Working Group at its meeting on 22 June 2012 which combined all remaining issues identified by the original transfers WG as well as the additional issue identified by the by the previous IRTP Part C PDP Working Group. Those charter questions are: 1. Whether reporting requirements for registries and dispute providers should be developed, in order to make precedent and trend information available to the community and allow reference to past cases in dispute submissions; 2. Whether additional provisions should be included in the TDRP (Transfer Dispute Resolution Policy) on how to handle disputes when multiple transfers have occurred; 3. Whether dispute options for registrants should be developed and implemented as part of the policy (registrants currently depend on registrars to initiate a dispute on their behalf); 4. Whether requirements or best practices should be put into place for registrars to make information on transfer dispute resolution options available to registrant; 5. Whether existing penalties for policy violations are sufficient or if additional provisions/penalties for specific violations should be added into the policy; 6. Whether the universal adoption and implementation of EPP AuthInfo codes has eliminated the need of FOAs The IRTP Part D PDP Working Group delivered its Final Report<http://gnso.icann.org/en/issues/transfers/irtp-d-final-25sep14-en.pdf> [PDF, 1.1 MB] to the GNSO Council on 5 September 2014. The report and its recommendations were adopted unanimously by the GNSO Council on 15 October 2014. The ICANN Board adopted the recommendations<https://www.icann.org/resources/board-material/resolutions-2015-02-12-en#1.d> of the IRTP Part D Working Group on 12 February 2015. The Implementation Review Team in conjunction with ICANN staff worked together to develop a revised Transfer Dispute Resolution Policy (TDRP) as well as a revised Transfer Policy. Community input is now sought on the revised TDRP and Transfer Policy to ensure that the proposed revisions meet the intent of the policy recommendations. Section III: Relevant Resources * Draft Registrar Transfer Dispute Resolution Policy<https://www.icann.org/en/system/files/files/draft-registrar-tdrp-redline-10…> [PDF, 231 KB] * Draft Transfer Policy<https://www.icann.org/en/system/files/files/draft-transfer-policy-redline-1…> [PDF, 178 KB] * Transfer Policy<https://www.icann.org/resources/pages/transfer-policy-2015-09-24-en> * The Transfer Dispute Resolution Policy<https://www.icann.org/en/help/dndr/tdrp> Section IV: Additional Information Section V: Reports Staff Contact Caitlin Tubergen caitlin.tubergen(a)icann.org<mailto:caitlin.tubergen@icann.org> Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org<http://gnso.icann.org/>

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