Yofie

I like this and I do not. I think if a domain is transfered to a New Owner, the domain should be locked for security reasons. Again, this brings up another issue since any domain name owner can put whatever they want for whois info, so ICANN may not even notice a change of ownership, making tracking that very hard.

From ICANN:

A registrant change to Whois information is not a valid basis for denying a transfer request.

This section of the advisory considers the scenario when a registrar requires a registrant to provide consent to deny transfer requests for a certain period of time (usually 60 days) in order for the registrant to update its Whois data.

Section A.3 of the Transfer Policy enumerates nine independent bases that a registrar may rely on to deny a domain name transfer request. Registrant updates to Whois contact details is not enumerated as a valid basis to deny a transfer request in the Transfer Policy. In addition, ordinary changes to Whois data fields are not evidence of fraud and therefore not a basis to deny a domain name transfer request.

Pursuant to Section A.3 of the Transfer Policy, registrars are permitted to deny transfer requests if they have obtained, "6. Express written objection to the transfer from the Transfer contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)". While the language in parenthesis is provided as an example in paragraph enumerated 6 of Section A.3 of the Transfer Policy, this language is instructive regarding what types of express written objections were envisioned as acceptable as a basis to deny a transfer request – only those objections that are provided expressly and voluntarily.

Subsection 3.7.7.1 of the Registrar Accreditation Agreement ("RAA") requires registrars to include language in their registration agreements that obligates registrants to maintain "accurate and reliable contact details and promptly correct and update them during the term of the…registration." By agreeing to such language, registrants are under a strict requirement to update their Whois contact details when they change. Subsection 3.7.7.2 of the RAA requires registrars to include language in their registration agreements that authorizes them to cancel domain name registrations for any willful breach of these obligations. Accordingly, failure by a registrant to timely update Whois contact details may result in the cancellation of a domain name.
????: NamePros.com http://www.namepros.com/domain-name-discussion/453375-no-more-60-day-lock-after.html

Registrars that have implemented processes that require registrants to consent to deny transfer requests in order to update Whois contact information are not obtaining voluntary express objections and therefore such objections cannot be used as a basis for denying a transfer pursuant to Section A.3 of the Transfer Policy.

Registrars are advised that any express written objections to transfer obtained by registrars through compulsory means, including express written objections obtained before allowing registrants to make required Whois data changes, are involuntary and therefore not a valid basis to deny transfer requests.

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staffjam

It's very interesting - when did this come out?
Will the registrars take any notice of it though?
I'd certainly find it useful as the 60 day holding period is a pain in the ass.

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Yofie

This was released as of yesterday.
????: NamePros.com http://www.namepros.com/showthread.php?t=453375

If a registrar is not allowing you to transfer out, point out the ICANN section A.3 if they still deny it, Report Them!http://icann.org/general/contact.htm

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Sully

Thanks a ton...this is very useful info.

pixelpadre

Could someone translate this into english for me?

gawnd

Very good news. I appreciate you sharing this.

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staffjam

Thanks Yofie - given you a bit of Rep.

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lzy

Let's see how GD reacts to this...

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accent

Yeah, as far as I know, Godaddy is the only registrar that requires you to agree to a 60 day lock on transfers if you want to change whois information. Many people thought that it was just an excuse to keep you at Godaddy.

Bad Godaddy got wrist slapped.

Actually what is notable is that ICANN actually moved against the policies of their biggest registrar.

Could Verisign be the next to feel ICANN's new found courage???
Naw, I'm dreaming.

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Pred

simple, if we all keep reporting them via Yofie's link then they will keep getting reprimanded.
even they will learn their lesson, like Netsol did.

has icann finally sprouted a pair of balls? has there been a recent change of leadership?

Yofie

Network Solutions does it as well. I currently have all my domains Under Lock because I updated to a new email address... Time to

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Dave Zan

Link to what Yofie described:

http://icann.org/announcements/advisory-03apr08.htm

Go Daddy and Network Solutions will no doubt seek to clarify at least. After all
that, it's anyone's guess.

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Yofie

A bit off topic... In the email that I get notification that there was a reply to this post, it says in the email.... Web Design Talk Forums in the "From" in email? That use to say NamePros.com forum or something like that????

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Dave Zan

They're the same. I type in WebDesignTalk in case I'm not able to access NP
????: NamePros.com http://www.namepros.com/showthread.php?t=453375
like right now.

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tricolorro

Hi Yofie,

I believe you are misinterpreting this new rule.

If you change YOUR WhoIs info, the Registrar cannot lock your domain
for doing so.

If you transfer the domain to someone else, they are the new Registrant
and the 60 day lock will apply.

Changing the WhoIs on a domain when it's yours and changing the
Who Is on a domain to reflect new ownership is not the same thing.

This policy change mostly has to do with GoDaddy's slimy policy of forcing you to agree to a 60 day lock simply because you updated or changed certain WhoIs info.

See below.


Andrew Allemann of Domain Name Wire had brought GoDaddy's very questionable policy to Vint Cerf's attention in 2005 when Mr. Cerf was Chairman of ICANN's Board Of Directors:

"But the practice (GodDaddy's) may come to an end thanks to an ICANN advisory. I actually mentioned this problem to Vint Cerf, Chair of ICANN’s Board of Directors, at a Domain Roundtable conference two years ago. He was surprised to hear about GoDaddy’s policy."
????: NamePros.com http://www.namepros.com/showthread.php?t=453375

source:
http://snurl.com/godaddytransfer2

Andrew also wrote about this in April 2006:
"Is GoDaddy violating ICANN’s transfer policy?"

http://snurl.com/GoDaddyTransfers

Patrick

Goodwill

I too had such odd experiences,when I updated only my contact no. !
????: NamePros.com http://www.namepros.com/showthread.php?t=453375
It worked quickly nearer to expiration date !