What do you think of the Proposed DRS default transfer process for .uk names

[-Raja-]

From Nominet

Proposed DRS default transfer process

1. Summary


We are proposing that in undefended DRS cases, the complainant should have the right to a transfer of the domain name registration on payment of a fee of £200 (plus VAT).

This paper sets out further detail of this proposal, including safeguards for respondents.

Please let us have your comments by 3 October 2007. Please read this consultation paper and then respond either by using our online survey or by emailing your feedback to [email protected].

All responses will be published below however we reserve the right to remove any materials that in our reasonable opinion are defamatory, offensive or unintelligible.

2. Background: the role and reason for the DRS
One of the key aspects of the .uk domain registry is that the main SLDs, .co.uk and .org.uk are open and available to any prospective registrant on a "first come, first served" basis. This policy means that prospective names are not vetted and are processed quickly, efficiently and cheaply. However, in less than 0.001% of registrations a dispute about the rights to a particular registration arises and the DRS was created to deal with these disputes.

There are now over 6 million .uk registrations and the DRS has dealt with 6,000 disputes since 2001. In our experience, for the great majority of domain name disputes a third party rights holder has a straightforward claim to a domain name and the respondent does not submit any reply to their complaint.

It is with this situation in mind that the default transfer process is now being proposed.

The DRS should not be the forum for resolution of all domain name disputes. Some disputes are complex, or include the domain name only as a secondary aspect of a wider dispute or series of disputes. These may be better suited to formal legal proceedings where evidence may be tested under oath and cross-examination, and formal applications may be made for disclosure of documents, or for injunctions, financial damages or costs.

However, we believe that the DRS works effectively in the vast majority of cases that are brought to us, and that our focus on mediation as a tool for resolution of the underlying domain registration should remain at the centre of the DRS process.

3. Default transfer Benefits


The concept of a default transfer was introduced following considerable thought and analysis. As with any change, there are pros and cons. We view the benefits of introducing a default transfer process as outweighing any perceived disadvantages, particularly as we intend to ensure that there are additional safeguards for registrants against speculative or opportunistic complaints.

The principal advantage of default transfer is to simplify and reduce the cost of the process for the large number of uncontested, no-response cases. In over 95% of no response cases currently, the complainant wins.

The introduction of a default transfer mechanism would also address concerns of many of our users about the costs of obtaining an expert decision (see the detailed consultation responses).

A thread which ran through some consultation responses, was concern over the quality and consistency of some expert decisions. Some of our independent experts have commented on the difficulty of drawing inferences from a lack of response, particularly where the complaint is weak or contains unsupported allegations.

4. How will it work in detail?

Our vision is that the default transfer mechanism provide a quick and cheap way to deal with no response cases, and that its success will depend on providing sufficient safeguards to protect registrants who may not have received notice of the DRS case, and to prevent abuse of the system.

We intend to protect registrants from abusive and opportunistic complaints through a number of measures, as follows:

* As detailed in our previous paper, and in response to requests from the community, we will introduce the right for respondents to pay for an expert decision. In cases of attempted reverse domain name hijacking, this new feature will provide a safeguard for respondents, who will be able to request that an expert makes the appropriate finding.
* We will have the right to refuse complaints which do not attempt to detail or evidence the complainant's Rights and that the registration is Abusive within the terms of the DRS Policy.
* We will charge a nominal fee of £10 + VAT to commence a DRS case, where this has previously been free.
* We will continue to make every reasonable effort to contact registrants when a complaint is received.
* We will continue to allow registrants to respond with a simple denial of the claims made. This will trigger the mediation process.
* There will be a process for registrants to reverse (or set aside) default transfers. It will not be an automatic process, but will be there to protect those who, for good reason, were not in a position to respond to the original complaint.
* Should an application for default transfer be made, we will send a registered post letter to the respondent, in addition to our usual modes of communication, to notify them of this fact and of their right to reverse the default transfer.
* There will be a grace period, during which the domain name will be suspended prior to transfer, where appropriate. If the domain name is in use, and other attempts to make contact have failed, this will alert the respondent to the fact of the dispute.
* As an anti-abuse mechanism, Nominet will be able to refer files to a DRS expert if we think there may be an abuse of the DRS. If the expert agreed, the complaint would be rejected.


We believe that the default transfer mechanism as proposed will improve the DRS. We welcome your comments and suggestions on the default transfer proposal by 3 October 2007.

5. Questions

What do you think about our proposal for a default transfer process?

I agree with the proposal/I don't mind either way/I disagree with the proposal


Please give your reasons for why you feel this way about the proposal

Now Plz Take the Proposed default transfer process Survey