Looks like ICANN's general counsel agrees with all of us on the issue
of registrar transfers, and sent the following to Verisign Registry's
Manager of Contracts and Compliance this week.  I've excerpted a
portion below.


From:
http://www.icann.org/correspondence/touton-to-russo-27aug01.htm
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>From the language of the policy, it seems apparent that:

1. The responsibility for ensuring that a Registered Name Holder
authorizes the transfer lies with the gaining registrar, not the
losing registrar.

2. This allocation of responsibility should not prevent the losing
registrar, as an additional measure, from seeking to inform Registered
Name Holders of impending transfers and affording them an opportunity
to express their objection.

3. The allocation of responsibility does indicate, however, that the
losing registrar may not deny a transfer request that the gaining
registrar has verified merely because the losing registrar has not
verified it. Thus, a losing registrar should not deny a transfer
request simply because it has notified the Registered Name Holder of
the request and has not received a response.

4. The losing registrar may, however, deny the transfer request where
it has an adequate reason for believing that the Registered Name
Holder has not authorized the transfer. In some instances, the failure
of the Registered Name Holder to respond to a notification may form
one element of the reason. Because the policy allocates the
verification responsibilty to the gaining registrar, however, the lack
of such a response is not by itself an adequate reason to deny the
transfer. Additional elements of an adequate reason may include
information relating to the Registered Name Holder (such as prior
communications) or the authorization practices followed by the gaining
registrar.
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-- 
Best regards,
William X Walsh <[EMAIL PROTECTED]>
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