ICANN: Discussion of ICANN Registrar Accreditation Policies

[Ms Domainer]

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There seems to be some confusion about ICANN Registrar policies, particularly when it involves Registrant rights, so I thought I would open a discussion thread on ICANN.

The idea for this ICANN thread started here:

http://www.namepros.com/756497-godaddy-auctions-discussion-acquisitions-and-sales-5.html#post4323067​

I'll begin by offering some links to ICANN's Registrar Accreditation page:

Entire Agreement

Section 1: Definitions

Section 2: ICANN Obligations

Section 3: Registrar Obligations

This section seems to the most confusing to domain owners.​

Section 4: Pocedures for Establishment or Revision of Specifications and Policies

Section 5: Miscellaneous Provisions​

Also a link to Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement​

Interpreting ICANN policies can be confusing, so perhaps this thread will help!

Also, to help keep the registrars themselves honest.

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[DN BROKER]

Good post.

 

[Ms Domainer]

ICANN's Renewal and Transfer Policy

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Here is an interesting bit of info from "Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement"

If the Registered Name Holder did not consent to renewal, the Registrar must make sure that a Registered Name is deleted from the Registry database within 45 days of the end of the registration term.

This right for the Registrar to cancel the registration and the obligation to the delete the domain name is not absolute. Section 3.7.5.1 of the RAA sets forth a list of potential "extenuating circumstances," that, if exist, allows the Registrar to renew the domain name even without the consent of the Registered Name Holder. These circumstances include the Registered Name being subject to a UDRP action, court order, bankruptcy proceeding, or billing dispute, among other items. The Registrar must keep a record of reasons why the Registrar renewed a registration without the consent of a Registered Name Holder.​

"Among other items": I suppose this is why it takes 76 days for a domain to be deleted and released into the registry.

Why have the 45-day rule if another piece of the agreement allows for all these exceptions, thus nullifying the original rule?

Details of the deletion and auto-renewal policies have to be displayed on any website the Registrar operates for domain name registration and renewal, and the Registrar should also state on those sites any fee that will be charged for the recovery of a domain name during the Redemption Grace Period (the 30 day period of time during which the name is in "Pending Delete" status with the Registry).​

I don't think I have ever seen this on any registrar website, at least that can be easily found.

According to my Godaddy rep, ICANN stipulates that a domain owner may transfer, up to 42 days after expiration, a domain name, but here is ICANN's transfer policy:

The Policy on Transfers of Registrations between Registrars provides that Registered Name Holders have the right to transfer domain name registrations among registrars. The transfer policy imposes time limits on when the Registrar must respond to a transfer request. The right to transfer is not absolute – there are ICANN and Registry policies that may set limits on the transfer right, including: limitations on when a domain name may be transferred (measured from dates of creation or earlier transfer); and the Registered Name Holder providing of required authorization and documentation for Registrar review. The Registrar of Record may only deny a transfer in the following instances:

•Evidence of fraud

•UDRP action

•Court order by a court of competent jurisdiction

•Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact

•No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.

•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)

•A domain name was already in "lock status" provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.

•The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.

•A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs). ​

So a domain registrar MAY deny a transfer due to none payment.

I will be speaking to my rep about this.

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[Kate]

Simply put, Icann is a toothless body.
The registrars get away with the 'rules' by setting their own terms, that you have to agree to... If nobody is complaining, then no problem, no enforcement. It's that simple. Registrars are openly operating in violation of certain rules, Domaintools is an example of that.

Domain redemption is another process that is quietly circumvented by the registrars that auction expired 'prerelease' domains. Yes, they offer a substitute for RGP, sometimes a rather generous extended term (Enom).
But there is a possible conflict of interest as they have an incentive that you do not renew your good domains. They can achieve this goal in subtle ways like levying an additional fee for renewal past expiry (register.com).
Keep in mind that the auctions are more lucrative than renewals where the margins are quite low (as low as $1/$2 at the discount registrars)

Icann is also aware of the actions of certain rogue registrars. Again, they are reluctant, unwilling, unmotivated or lack the resolve to act.
It is one reason why I am not welcoming the new extensions, as the number of registries (possibly registrars) is going to increase sharply. Also comes with more potential for collusion, end of separation between registry and registrar, lifting of price caps etc. Nothing good for the registrants.

If Icann is incapable of policing the current framework, what kind of Wild West should we expect ?

 

[Ms Domainer]

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Thanks, sdsinc.

Perhaps change can begin with threads like this.

I have emailed my Godaddy rep about this.

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[DU]

Took me a while to "refind" this.

It's 5 years old, hopefully you and your thread readers will find it interesting. It explains quite a lot I think.

http://archive.icann.org/en/meetings/lisbon/transcript-tutorial-expiring-25mar07.htm

 

[Ms Domainer]

Took me a while to "refind" this.

It's 5 years old, hopefully you and your thread readers will find it interesting. It explains quite a lot I think.

http://archive.icann.org/en/meetings/lisbon/transcript-tutorial-expiring-25mar07.htm

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I particularly love this line:

And what you are seeing is different models from registrars as well, where some registrars are saying, "I'll give most of the money back to the original registrant that I get from auction. Why should I just let this go and no one get anything from it? Let me find a way." I think you're finding registrars are differentiating themselves in the marketplace saying, "I'll give back."​

What a load of crock...

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[Dave_Z]

"Among other items": I suppose this is why it takes 76 days for a domain to be deleted and released into the registry.

Why have the 45-day rule if another piece of the agreement allows for all these exceptions, thus nullifying the original rule?

Registrars basically have up to 45 days to keep an expired domain name before deleting it from their system. Assuming they let it go through its typical life cycle, that means 45 grace period + 30 days redemption period + 5 days pending delete = 80 days all in all before it becomes available.
Essentially, the registrar is the wildcard there. Before ex-registrar ItsYourDomain got acquired by Tucows, they gave no grace period at all.

As you noted, there are few, specific exceptions. I recall PLDT.com locked for four years after expiry due to a lawsuit that was eventually resolved.

Mind you, those exceptions are far and between.

Details of the deletion and auto-renewal policies have to be displayed on any website the Registrar operates for domain name registration and renewal, and the Registrar should also state on those sites any fee that will be charged for the recovery of a domain name during the Redemption Grace Period (the 30 day period of time during which the name is in "Pending Delete" status with the Registry).​

I don't think I have ever seen this on any registrar website, at least that can be easily found.

Report that to ICANN, however toothless they seem to some people. But I myself saw registrars like Go Daddy, Network Solutions, even eNom state those on their sites.

According to my Godaddy rep, ICANN stipulates that a domain owner may transfer, up to 42 days after expiration, a domain name, but here is ICANN's transfer policy:

•No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.

This part I can see how confusing it can get. Last I checked with my registrar contacts, that only applies if there was an outstanding payment prior to the domain expiring.
Notice that part where it mentioned chargebacks? If someone paid for a domain, then successfully did a chargeback some time after where the registrar (heh) didn't immediately notice that, then the domain's expiring, that's an exceptional scenario where a domain transfer can be denied.

Personally, though, that transfer thingie ought to be clarified as well. While I've long believed a registrant no longer "owns" the domain once it's expired, though given a chance to renew it, being able to transfer it to another registrar while expired arguably gives the impression of ownership still. Not to mention that registrars will still deny transferring an expired name even after some time.

 

[DNabc]

People complain about Godaddy's lock after whois change but they are one of the few that allow you to transfer the domain so many days after expiration.

Kudos to Godaddy! But my favorite registrar is Fabulous.