New Registrar Agreement - 6 March 2014

[AssetDomains]

I see Nominet published the new Registrar Agreement today as well comes into force 6 March 2014

Review
http://www.nominet.org.uk/how-parti...ussions-and-consultations/review-uk-registrar

The Agreement:
http://www.nominet.org.uk/sites/default/files/Revised_Registrar_Agreement_January_2014_FINAL.PDF

Feedback
http://www.nominet.org.uk/uk-registrar-agreement-and-data-quality-policy-responses

 

[Skinner]

B.1.15 essentially ok's "tasting" because they specifically allow changing of name servers.

 

[AssetDomains]

What do people make of E.3.6 I'm not sure the big boys will be able to hover up all the dropping domains as I first thought. How does everyone else read it.

 

[Murray]

I would like to know what "explicit consent" will consist of

Also if it will be up to the registrar themselves to define what is or isn't explicit consent, or if nominet will have rules/procedures put in place that they have to follow?

I emailed nominet and asked about this a week or two ago

My understanding is that, if contested, the registrar must be able to prove explicit consent, so getting something in writing, for me, would be acceptable. Saying ‘he said it was ok over the phone’ may not be able to be proved, so wouldn’t suffice

"If contested" sounds worrying..

 

[Skinner]

Since the consent MUST be within 30 days either side of expiry, it will be interesting if they put it in a link form

click this link if you no longer want this name * otherwise we will auto renew it.

then the * will have the conditions in, hiding it in plain view.

 

[Murray]

Since the consent MUST be within 30 days either side of expiry, it will be interesting if they put it in a link form

click this link if you no longer want this name * otherwise we will auto renew it.

then the * will have the conditions in, hiding it in plain view.

From the email I got, it doesn't sound like they need any consent

Just seems like they need it not to be contested..

Whats the penalty if they get contested and have to give the domain back, just giving the domain back? ooo harsh lol

Hopefully nominet will clarify more.

 

[invincible]

Since the consent MUST be within 30 days either side of expiry, it will be interesting if they put it in a link form

click this link if you no longer want this name * otherwise we will auto renew it.

then the * will have the conditions in, hiding it in plain view.

My submission

I'm waiting on a reply from Nominet which has asked several questions including what "explicit consent" constitutes (and therefore what it does not). Unfortunately there isn't going to be any mechanism which Nominet oversees to ensure that explicit consent really has been obtained. A method that they might have considered would have been for Nominet to send a registrar branded email to the registrant containing a link for the registrant to give explicit consent for the registrar taking over the domain name. That consent would be flagged at the registry so Nominet would know it had been obtained. Unfortunately this goes against the idea of trusting accredited registrars and giving accredited registrars more freedoms.

"E.3.6. You may, no earlier than 30 days after the expiry of a domain name on an Accredited Channel Partner Tag, take steps to transfer the domain name into your name, provided that you have previously informed the Registrant that you intend to do this and obtained their explicit consent to your doing so. Such consent must be obtained no earlier than 30 days before the date on which the domain name is due to expire, and no later than 30 days after the date on which the domain name expired. Even if you transfer a domain name in these circumstances, the original Registrant of the domain name must always retain the right to renew the domain name in question as set out in paragraph B.1.13 above. You may not transfer a domain name into the name of a third party under this paragraph;"

I am glad to see that they have added a line which states that domain names must only be transferred into "your name" (i.e. the name of the registrar) and not the name of a third party. I hope that this excludes transfer to a subsidiary.

E.3.7. You may not transfer a domain name under paragraph E.3.6. where you have formally notified Your Customer that you are no longer providing them with Registrar Services, or where you and Your Customer have mutually agreed that you are no longer obliged to provide Registrar Services to Your Customer..."

This seems a new addition. I'd like some clarification about why it was added.

B.1.15. except as set out in paragraph E.3.6, you must not make any changes to the registration data of a domain name during the period between the expiry of a domain name and its deletion, unless you have received our prior permission or are acting at Your Customer’s explicit, unprompted request. You may not transfer a domain name during the expiry period, except as set out in paragraph E.3.6. For the avoidance of doubt, in most circumstances nameserver details would not be regarded as “registration data” for the purposes of this paragraph.

Registrars will be able to change the name servers anytime from the date of expiry to the date of suspension (~30 days) to "taste" for traffic (i.e. value). Once the domain name is suspended it won't resolve. Is there anything that prevents the registrar from renewing the domain name at that point? If they do renew the domain name it won't "drop" 92 days after the original expiry date.