I think a transfer is an opportunity to apply some anti hijacking and
some education about audrp. the registrar can send out a confirmation
email with a token/code in it that the real owner needs to return back to
the registrar.  both sides can be given information on audrp and
cybersquating and should be made to verify that the transfer is in good faith.
all of this can be done automatically and the domain then inserted (or
that might probably be done earlier) into a registrars standard processing queues for
policy check etc. there might even a cooling off period thrown in and for
good measure a second round of reminders etc.

Vic


Bruce Tonkin [Bruce.Tonkin§melbourneit.com.au] wrote:
> Hello All,
> 
> To provide clarify on what I am seeking to change.
> 
> I see no need for auDA or registrars to be involved in business
> liquidations, sales of part of a business etc.    I would certainly like
> to see the sale of domain name licence decoupled from the sale of a
> business or part of a business.
> 
> My preferred policy is:
> "A registrant may transfer their domain name licence to a proposed new
> registrant if the proposed new registrant is eligible to hold the domain
> name according to the relevant eligibility and allocation rules;"
> 
> This is essentially compliant with term 3.1 (b) below.
> 
> See below for an extract of the current complex policy, which is a whole
> series of special circumstances. I would rather not add to this list,
> but remove the list altogether.
> 
> Any protections against miss-use of a domain name should be handled via
> the eligibility and allocation rules, just as they are for initial
> registrations.
> 
> Regards,
> Bruce Tonkin
> 
> 
> From: http://www.auda.org.au/policies/auda-2004-03/
> 
> See below for the current policy:
> 
> "3. CIRCUMSTANCES OF TRANSFER 
> 
> 3.1 A registrant may transfer their domain name licence to a proposed
> new registrant if: 
> 
> a) (i)  the registrant sells part or all of their business operations or
> assets to the proposed new registrant, and the Deed of Sale includes the
> transfer of the domain name licence; or 
> 
> (ii) the registrant assigns part or all of their intellectual property
> rights to the proposed new registrant, and the Deed of Assignment
> includes the transfer of the domain name licence; 
> 
> (iii) where the registrant is a legal entity, the registrant is
> liquidated or enters into administration and the liquidator or
> administrator authorises the transfer of the domain name licence to the
> proposed new registrant; or 
> 
> (iv) the registrant and the proposed new registrant are legal entities
> belonging to the same group of related entities, eg. where a parent
> company transfers its domain name licence to a subsidiary; 
> 
> (v) the registrant is holding the domain name licence in their capacity
> as an agent of the proposed new registrant, and at the time of
> registration the registrant had entered into an agreement to transfer
> the domain name licence to the proposed new registrant at a future date,
> eg. where a web designer, ISP, lawyer, accountant or other service
> provider registers a domain name on behalf of a client; 
> 
> (vi) where the registrant is an individual, the registrant dies or
> becomes insane and the executor or power of attorney authorises the
> transfer of the domain name licence to the proposed new registrant; or 
> 
> (vii) a competent arbitrator, tribunal, court or legislative body orders
> the registrant to transfer their domain name licence to the proposed new
> registrant, eg. in the case of a proceeding under the .au Dispute
> Resolution Policy (auDRP); or 
> 
> (viii) the registrant has entered into an agreement to transfer their
> domain name licence to the proposed new registrant in settlement of a
> dispute between the parties, and the Deed of Settlement includes the
> transfer of the domain name licence, eg. where a trade mark infringement
> dispute is settled out of court. 
> 
> AND 
> 
> b) the proposed new registrant is eligible to hold the domain name
> according to the relevant eligibility and allocation rules; 
> 
> AND 
> 
> c) the transfer does not constitute a breach of the prohibition on sale
> of a domain name by a registrant (auDA Published Policy 2002-24). "
> 
> 
> Replace with new policy:
> 
> "A registrant may transfer their domain name licence to a proposed new
> registrant if the proposed new registrant is eligible to hold the domain
> name according to the relevant eligibility and allocation rules;"
> 
> ---------------------------------------------------------------------------
> List policy, unsubscribing and archives => http://dotau.org/