[RDS-WHOIS2-RT] Subgroup 4 Compliance draft report

[Susan Kawaguchi]

Please see my comments in red below.

On Fri, Jun 15, 2018 at 9:51 AM, Volker Greimann <vgreimann at key-systems.net>
wrote:

> Hi Susan,
>
> just a few notes and points:
>
> 3.2.1.1 - Analysis, second paragraph: In my operative experience, the main
> reason for the cancellation or suspension of a domain name after receiving
> an inaccuracy complaint is nowhere near as nefarious as the subgroup
> assumed, but rather the fact that the registrant did not respond to the
> request of the registrar to either confirm or update his data. This can be
> due to the contact data on file being outdated, a reseller failing to
> forward the inquiry, This is an issue we should review if the reseller is
> not following through which would constitute noncompliance by Registrar.  the
> registrant failing to respond (mail ignored/seen as spam/overlooked/mailbox
> not main mailbox/etc) and things like that. As the RAA states unequivocally
> that a non-response within a certain time and as we do not have the time
> and ressources to chase after each such registrant, this usually causes:
> first the deactivation, then a call from an irate customer and then the
> re-instatement of the domain. Registrants often do not understand their
> responsibilities when registering a domain name which is something more
> communication by the Registrar could alleviate.  Of course, many
> registrants do not even notice the deactivation, for example if the domain
> is parked or unused.
>
> The sad fact of the matter is that this contractual requirement causes at
> least as much harm for the registrants as it does provide benefits for
> those interested in more accuracy.   I absolutely disagree with this
> statement and would fall into category of you making an assumption, as you
> have accused me in the following paragraphs, unless you can provide hard
> data on this.
>
> I hope that we can update the analysis to move out of the realm of
> speculation did you read all the ARS reports?  and more into the realm of
> experience based evidence. My analysis is experience based but not YOUR
> experience.   The only domain names I would bother to file an inaccuracy
> report on are those that are already acting in an abusive manner.  I have
> no interest in a domain name record that is not abusive.  And by that, I
> am not disputing that there are also cases where the record was
> intentionally false. But in my experience, these make up less than 10% of
> the cases I see.  Please provide data on your 10% assumption.
> As for the issues following from that earlier assumption: While the
> registrar has the ability to unsuspend at any time, ICANN compliance will
> follow up on such cases and demand the same type of evidence they would ask
> for in a case where the registrant updated his whois details. So i am not
> really sure this actually is an issue...We should clarify with compliance
> whether this is an issue.
>
> Second issue: I am not actually sure that there are more suspensions for
> abuse than for nonpayment for example. What data was used to determine that
> statement that "most of them (occur) for abusive activity"? My personal
> experience and analysis but if a registrant never steps forward to rectify
> inaccurate data on a suspended domain name please let me know what other
> conclusions could be made. Or is this speculation and assumptions again?  I
> worked very hard on reviewing all the reports and developing a sound
> analysis so let's change the rhetoric and stop the name calling.  It is not
> fruitful or helpful.  This may be a language barrier but I take offense
> that your analysis is correct and my is speculation and assumptions.
>

 My flight is taking off so will have to finish my responses once the wifi
works.
I am very concerned that I will not be on this call so that we could have
had a reasonable dialogue.

Susan

>
> I also note that the statement that the inaccurate data is still visible
> in the WHOIS is outdated since last month ;-)
>
> Third point: This should be already taken care of by the compliance
> follow-up that will follow any unsuspension.
>
> The recommendation is problematic as this would effectively result in
> domain names without any data. I would prefer the "incorrect data" to
> remain in place as we do not know why the domain was suspended. Again,
> suspension usually just means someone did not reply in time. Also,
> suspensions can occur for a multitude of other reasons. Forcing a whois
> verification for a unsuspension after a bill is paid late for example seems
> unreasonable.
>
> f) Grandfathered domains: Correction: The actual calendar date is
> irrelevant to whether a domain is considered grandfathered or not. Instead,
> only only relevant date is the effective date the sponsoring registrar
> signed on to the 2013 RAA. So the section would have to be reworded.
> Obviously I also disagree with the conclusions drawn here, so I provide an
> alternative for those as well.
>
> Suggestion:
>
>
> *40% of the WHOIS ARS domain names that are sampled for this program are
> grandfathered domain names that have not yet been subjected to the rigorous
> verification and validation requirements of 2013 RAA. The 2009 RAA neither
> required the collection and display of Registrant email address, postal
> address or phone number it not the validation or verification of the data.
> This applies to domain names registered prior to the date that the
> sponsoring registrar signed on to the 2013 RAA that have not since been
> transferred to a registrar that had at the time of the transfer signed on
> to the 2013 RAA and that did not have a change of RNH occur after such a
> time. *
>
> *Analysis:** If we assume the sample of ARS domain names of 40%
> grandfathered domain names then we can extrapolate (based on wrong
> assumption of what constutes a legacy domain name).*
>
> *We have asked the compliance team to provide data on this statistics but
> they do not track this data.*
>
> *P**roblems/Issues:*
>
> *There are domain name registrations that currently do not comply with the
> current WHOIS format requirements and/or policy requirements as they were
> registered under contractual terms different to those required now and have
> since then not been updated in a meaningful way. In fact, the last
> registrar under the 2009 RAA is expected to switch from the 2009 to the
> 2013 RAA this year. The current process foresees a smooth and gradual
> transition of legacy domain names to the new requirements upon the
> occurrence of certain trigger events and it is expected that the number of
> such domain will gradually drop over time as they are deleted, get
> transferred between registrars or the RNH data gets updated. Further, as
> such domain names are usually significantly older domain names, the
> likelyhood of abusive registrations amongst them is significantly lower
> than for newly registered domain names. The WG therefore currently sees no
> need to suggest modifications to the transition process foreseen in the
> 2013 RAA.*
>
>
> 3.2.1.3 For this section, I question the viability of this tool under
> GDPR. As bulk whois inquiries are now a thing of the past, it seems
> counter-intuitive to continue to provide a bulk complaint tool as the
> complainant has no way of knowing if the data of multiple domains is
> identical. We should discuss this point more.
>
> 3.2.1.4 Strike the last sentence in the first paragraph, or replace by:
>
>
> *Potential benefits of a more proactive approach to RDS inaccuracy should
> be investigate as better data quality is seen as beneficial to internet
> users. *Question: Do we have any indication about the investigative and
> financial ressources such a proactive approach would require? We should not
> make a recommendation that would result in an unreasonable increase in
> costs of the compliance function. So the recommendation should at a minimum
> also require a cost/benefit study prior to any expansion of the compliance
> function into this area. ICANN is strapped for cash as it is...
>
> Open Questions:
> This actually is not an open question. Work between ICANN and registrars
> on identifying a solution that meets the requirements of the RAA is
> ongoing. There is no compliance issue to this until the time that such a
> program becomes an actual contractual obligation.
>
> 4 Problem issues:
> a) Problem, second paragrph, first sentence, replace by:
>
> Registrars are contractually required by the 2013 Registrar Accreditation
> Agreement (RAA) to conduct verification and validation operations regarding
> registration data.
>
> Recommendation #2:
> I would actually support removing this recommendation entirely, as
> described above. Maybe we can add something that ICANN should monitor
> whether the soft transition process included in the 2013 RAA actually works
> as intended, e.g. the number of such domain names is gradually decreasing.
> Anyway, the statement that it has been a 5 year transition time is
> blatantly false and misleading, as detailed above, but I do not blame
> anyone for the misconception.
> Such an undertaking as proposed would also be highly unfeasible as
> especially for these older registrations as the only contact between
> registrars and these customers often is their payment of the invoices.
> Having to reach out proactively to these customers without any indication
> of an issue will just lead to countless unjustified and problematic
> suspensions and angry customers.
>
> Recommendation #3 should be changed as described above. I also do not get
> why the renewal reference is in there. Even suspended domains get renewed
> after all... Also note that a "suspension for incorrect data" may also
> occur under the current RAA requirements regardless of whether the whois is
> actually correct or incorrect as non-response already triggers suspension.
>
> Recommendation 7:
> I move to strike this in its entirety. This is based on so many errouneous
> assumptions and will result in so much additional work for contracted
> parties, it isn't even funny. I have argued this in previous mails, so I
> will leave it at that. This one has to go...
>
> Recommendation8 is missing the feasibility section, which I think is key
> for this section. In itself it is a good idea, but the benefits must be
> weighed against the costs.
>
> Apologies that this went longer than I originally intended, thanks for
> bearing with me,
>
> Volker
>
> Am 15.06.2018 um 15:18 schrieb Susan Kawaguchi:
>
> Hello All,
>
> I have updated the Compliance report for subgroup 4.
>
> Please see attached.
>
> Susan
>
>
> _______________________________________________
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> Mit freundlichen Grüßen,
>
> Volker A. Greimann
> - Rechtsabteilung -
>
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>
> Volker A. Greimann
> - legal department -
>
> Key-Systems GmbH
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