Public Comment

Public Comment is a vital part of our multistakeholder model. It provides a mechanism for stakeholders to have their opinions and recommendations formally and publicly documented. It is an opportunity for the ICANN community to effect change and improve policies and operations.

Name: Edward Seaford
Date: 27 Jun 2022
Are you providing input on behalf of another group (e.g., organization, company, government)?
Yes

If yes, please explain.

I am drafting this on behalf of my Client's who in some cases have had to pay very high fees to move from a very large corporate domain name Registrar.

Please choose your level of support for Preliminary Recommendation 1.
Significant change required: changing intent and wording

If your response requires an edit or deletion of Preliminary Recommendation 1, please indicate the revised wording and rationale here.

Security and proper notification need to be considered here.

Please choose your level of support for Preliminary Recommendation 2.
Significant change required: changing intent and wording

If your response requires an edit or deletion of Preliminary Recommendation 2, please indicate the revised wording and rationale here.

Security and proper notification need to be considered here.

Please choose your level of support for Preliminary Recommendation 3.
No opinion
Please choose your level of support for Preliminary Recommendation 4.
No opinion
Please choose your level of support for Preliminary Recommendation 5.
No opinion
Please choose your level of support for Preliminary Recommendation 6.
No opinion
Please choose your level of support for Preliminary Recommendation 7.
No opinion
Please choose your level of support for Preliminary Recommendation 8.
No opinion
Please choose your level of support for Preliminary Recommendation 9.
No opinion
Please choose your level of support for Preliminary Recommendation 10.
No opinion
Please choose your level of support for Preliminary Recommendation 11.
Support Recommendation as written
Please choose your level of support for Preliminary Recommendation 12.
Support Recommendation as written
Please choose your level of support for Preliminary Recommendation 13.
Support Recommendation as written
Please choose your level of support for Preliminary Recommendation 14.
No opinion
Please choose your level of support for Preliminary Recommendation 15.
No opinion
Please choose your level of support for Preliminary Recommendation 16.
No opinion
Please choose your level of support for Preliminary Recommendation 17.
No opinion
Please choose your level of support for Preliminary Recommendation 18.
No opinion
Please choose your level of support for Preliminary Recommendation 19.
No opinion
Please choose your level of support for Preliminary Recommendation 20.
No opinion
Please choose your level of support for Preliminary Recommendation 21.
No opinion
Please choose your level of support for Preliminary Recommendation 22.
Significant change required: changing intent and wording

If your response requires an edit or deletion of Preliminary Recommendation 22, please indicate the revised wording and rationale here.

A Registrar may not withhold a domain name transfer; however, we have seen some Registrars charge their customers significant fees for moving their domain names away.  These fees are not standard within the industry and normally relate to terms tucked deep within an agreement.  We have seen invoices in some cases in the tens of thousands of dollars and do not add any value to the customer.  They seem to be arbitrary fees for the effort of assisting a Registrant to move away. It is our view that Registrants should not be forced to pay "exit" fees when they are trying to move to a new Registrar that better suits their needs.  We have reviewed such a third-party agreement (between a Registrar and Registrant), and the terms regarding exit fees were ambiguous at best, but without a clear policy to deal with this issue, it created an opportunity for the Registrar in question to use transfer out fees as a tool to deter their clients from leaving. If the goal of the transfer policy is to provide for enhanced domain name portability, resulting in greater consumer and business choice, then these fees fly in the face of this fundamental principle and should not be allowed. A Registrant should not feel stuck with their Registrar due to obscene transfer away fees ICANN has created this transfer policy to prevent obstacles around choice and portability but has not addressed these specific issues arguing that commercial matters are between the Registrar and the Registrant. Recommendation 22 is looking to update and revise the transfer policy so that situations in which a Registrar may not deny a transfer request are instead situations in which the Registrar of Record must not deny such a request.  Brandsec supports this policy update, however, we believe that the policy should be taken further and prohibit commercial arrangements that inhibit the portability of domain names in the first place. Even if Recommendation 22 is approved, it does not address the issue of the transfer-out fee, which in itself is enough to deter Registrants from transferring their domain names.  They are effectively commercially shackled to their Registrar in perpetuity unless they pay, in some cases very large sums of money, to leave.  Transfer out fees only benefit the Registrar and this practice should not be allowed in our industry. Recommendation 22 should be updated, and approved, to reflect this.

Summary of Submission

Under Section 22, A Registrar imposed transfer away fee should be banned where their intent is arguably to deter Registrants from freely porting to a different Registrar.