I like this and I do not. I think if a domain is transfered (change of registrant) to a New Owner with in a registrar, the domain should be locked for security reasons, because theft could of taken place. Again, this brings up another issue (I blogged about this in the past) since any domain name owner can put whatever they want for whois info, so ICANN may not even notice a change of ownership, making tracking a registrant change very hard.
On the other hand, if I update my email address in whois on a domain name that I owned for years, there should be no reason that I can not transfer the domain to any registrar I choose at any point. ICANN requires you to keep valid info, but then the registrars punish you for keeping it updated. This is the reason ICANN is making the following clear.
From ICANN:
A registrant change to Whois information is not a valid basis for denying a transfer request.
This section of the advisory considers the scenario when a registrar requires a registrant to provide consent to deny transfer requests for a certain period of time (usually 60 days) in order for the registrant to update its Whois data.
Section A.3 of the Transfer Policy enumerates nine independent bases that a registrar may rely on to deny a domain name transfer request. Registrant updates to Whois contact details is not enumerated as a valid basis to deny a transfer request in the Transfer Policy. In addition, ordinary changes to Whois data fields are not evidence of fraud and therefore not a basis to deny a domain name transfer request.
Pursuant to Section A.3 of the Transfer Policy, registrars are permitted to deny transfer requests if they have obtained, "6. Express written objection to the transfer from the Transfer contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)". While the language in parenthesis is provided as an example in paragraph enumerated 6 of Section A.3 of the Transfer Policy, this language is instructive regarding what types of express written objections were envisioned as acceptable as a basis to deny a transfer request – only those objections that are provided expressly and voluntarily.
Subsection 3.7.7.1 of the Registrar Accreditation Agreement ("RAA") requires registrars to include language in their registration agreements that obligates registrants to maintain "accurate and reliable contact details and promptly correct and update them during the term of the…registration." By agreeing to such language, registrants are under a strict requirement to update their Whois contact details when they change. Subsection 3.7.7.2 of the RAA requires registrars to include language in their registration agreements that authorizes them to cancel domain name registrations for any willful breach of these obligations. Accordingly, failure by a registrant to timely update Whois contact details may result in the cancellation of a domain name.
Registrars that have implemented processes that require registrants to consent to deny transfer requests in order to update Whois contact information are not obtaining voluntary express objections and therefore such objections cannot be used as a basis for denying a transfer pursuant to Section A.3 of the Transfer Policy.
Registrars are advised that any express written objections to transfer obtained by registrars through compulsory means, including express written objections obtained before allowing registrants to make required Whois data changes, are involuntary and therefore not a valid basis to deny transfer requests.
