[gnso-rds-pdp-wg] New Year Challenge

Tue Jan 3 22:51:57 UTC 2017

How resellers work is relatively straight forward. They are agents 
working on behalf of a registrar. The handle the transaction and 
often ongoing contact with the registrant. Some registrars have no 
resellers, others some resellers, and some registrars only work 
through resellers and have no direct registratns. Of course, you may 
find that a reseller is really a subsidiary of the registrar (or in 
some other business relationship with them other than purely a reseller).

Until relatively recently, ICANN took the position that since they 
had no contract with resellers, they had no control over what 
resellers did. In more recent RAAs, there are explicit clauses which 
require that if a registrar delegates anything to resellers, that 
they must ensure that the reseller fulfill any obligations that the 
registrar would have if they were dealing with the registrant 
directly. Past RAAs only covereed some of these requirements but my 
recollection is that the current RAA pretty much puts a registrant in 
the same situation regardless of whether they are dealing with the 
registrar directly or a reseller (I may be wrong about that, but that 
is my recollection).

Of course, it is up to the registrar to ensure that these obligations 
are followed, or ICANN compliance to identify places where they may 
not be doing so.

Is that any clearer?

Alan

At 03/01/2017 02:56 PM, Stephanie Perrin wrote:

>Happy New Year all!  You are probably going to hate me because I am 
>going to slow us down again.  The problem is that we frame the 
>discussion and thinking so very differently, depending on the 
>expertise that we bring to this debate, that understanding the 
>minutiae is very important.  For instance on  a recent call I 
>questioned whether an individual needed to look at WHOIS to see who 
>their registrar is, and was promptly corrected in this 
>matter.  Naive person that I am, I had never plumbed the depths of 
>the reseller business, and I am not finding much useful information 
>on the ICANN site that will help me do this (please help and point 
>me to how this happens, what kind of contracts pass on obligations, 
>how this is interpreted under DP law, why I cannot find my registrar 
>on any of the lists of ICANN accredited registrars, consumer 
>protection obligations under US law, how this works in the privacy 
>proxy business etc.).  IN my responses to the questionnaire, I have 
>pointed out that it is the registrars and registries or their agents 
>that collect/generate the Thin data.  The proposed RDS, which at the 
>moment is still protean, is not an entity, cannot collect etc, but 
>is instead a display mechanism or automated disclosure 
>instrument.  So framing this in terms of collection is in my view 
>quite misleading, unless I am totally misunderstanding the poll 
>(always possible).
>
>Anyway if anyone can help me understand how resellers work I would 
>be most grateful.  It would probably also save us a pile of time if 
>I understood it better, if that can possibly incentivize some brave soul.....
>
>cheers Stephanie Perrin
>
>
>
>On 2017-01-03 10:31, Gomes, Chuck wrote:
>>A few weeks ago one of our WG members said something to me that I 
>>think might be a good challenge for many of us as we begin 
>>2017:  "I think people (including me) need to snap back to 
>>attention. I think we lost focus because of the incredible amount 
>>of lost traffic on minutiae that was so hard for non-ICANN insiders to follow."
>>
>>If this applies to you, I hope you will respond.
>>
>>I can tell you that no one gets more frustrated with minutiae than 
>>me.  I have just been at this for so long that I have learned 
>>minutiae for one person is important to someone else so I have 
>>realized that I have to have a lot of patience.  Still, I often 
>>find myself wanting to push faster ahead and the leadership team 
>>has to pull me back.
>>
>>It has taken us about 11 months to get to where we are and it may 
>>seem like we have made very little progress but I am hopeful that 
>>we have laid some building blocks that will make our work ahead 
>>easier.  We need to all keep in mind that the ICANN community has 
>>been grappling with Whois (RDS) issues for most of its 18-year 
>>existence with very minimal progress.  If we are going to change 
>>that pattern, we will have to be patient and persistent.
>>
>>As we ended 2016 we reached the critical deliberation stage of Work 
>>Plan Phase 1. None of us should think that that will be easy or 
>>quick; it won't be.  But I am confident that we will start to see 
>>more concrete results of our efforts.
>>
>>I encourage all of you to start off this year by completing the 
>>poll that was distributed last week.  You have until Friday of this 
>>week to complete it.  Here is the link to the 
>>poll: 
>><https://www.surveymonkey.com/r/V3CWZBL>https://www.surveymonkey.com/r/V3CWZBL 
>>.
>>
>>Happy New Year.
>>
>>Chuck
>>
>>
>>
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