[council] Whois Notice and Disclosure Proposal

Ross Rader ross at tucows.com
Wed Jun 22 14:27:04 UTC 2005

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After discussion of the current Whois proposal (Notice and Disclosure) I
would like to present an amendment to the current recommendations for
discussion during tomorrow's Council call. The Registrar Constituency
representatives are fully prepared to support an amended version of the
proposal that allows registrars flexibility in how they disclose the
WHOIS requirements, based on common practice across Internet ecommerce
transactions, the expectations of their customers, and the national laws
within which different registrars operate.

In order to accomplish this, changes to the current recommendations are
required. These changes are:

- - removal of second sentence from the first recommendation that prevents
a link to an external web page
- - removal of the third recommendation that requires separate

The amended recommendations would read as follows:

1.	Registrars must ensure that disclosures regarding availability
and third-party access to personal data associated with domain names
actually be presented to registrants during the registration process.

2.	Registrars must ensure that these disclosures are set aside from
other provisions of the registration agreement if they are presented to
registrants together with that agreement.  Alternatively, registrars may
present data access disclosures separate from the registration
agreement.  The wording of the notice provided by registrars should, to
the extent feasible, be uniform.

- --


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