After months of negotiations and waiting, the ICANN decision about the name domain transference new method in .net and .com is a reality since November 12. If this brings a big flexibility to Registrars and at the same time should permit to the customers to change easier their service servants, the consequences aren’t neutral in terms of the proper name protection.
At first sight, the ICANN decision wants to simplify the Registrant life, after choosing a Registrar taking into account the prices without concern about the service, the customer is "disabled" when he wants to recover his name. After the ICANN were consulted about these problems, it declared it is, until that moment ; impotent because there was a juridical entail between Registrar and Registrant, where the Californian organization couldn’t intervene. The new procedure permits the Registrant to obtain the direct transference of a name that belongs to it from a Registrar , without the "removed" Registrar can object this, except under certain conditions. On the other hand, the ICANN diminishes the procedure effect resembled it to the "portable" condition of the telephone number that allows you to change the operator without changing the number.
However risks exist, it is supposed that practically in the transference agreement, from now to the future, it will be five days except the Registrant be conscious about the domain name is going to expire. If he were all the time easy to find in the WOIS sites after that five days, automatically the transference application will be allowed. Of course, each transference application is done by the Registrant, and it is admitted after he gives an identity proof (car license, for example) but we are afraid of some less scrupulous Registrars don’t respect it because of the complexity of this procedure.
Without being alarmist, it will be necessary in some other case of advantage or backward motion, that we have a real idea of the risk, in spite of some sites ask for it- they can be glad (or worried ?) because the ICANN has already established a procedure about specific arbitration, the TRDP (hhtp ://www.icann.org/transfers/disp...) for the solution of these law-suits. The recognize centers, at the moment, are in the USA and Asia. The .Com owners in Europe should wait and, more than once, pray attention to the date when names that they own expire and, anyhow datum they sent to the Registrar !
JCV & SB