[registrars] RE: Call for Constituency statements on Whois tf 1/2 recommendations
Bruce Tonkin
Bruce.Tonkin at melbourneit.com.au
Thu Jan 20 03:50:46 UTC 2005
Melbourne IT endorses it.
> -----Original Message-----
> From: owner-registrars at gnso.icann.org
> [mailto:owner-registrars at gnso.icann.org] On Behalf Of Tim Ruiz
> Sent: Thursday, 20 January 2005 11:13 AM
> To: registrars at dnso.org
> Subject: RE: [registrars] RE: Call for Constituency
> statements on Whois tf 1/2 recommendations
>
> The motion has been amended to include Bruce's clarification
> in the second paragraph following the first quoted
> recommendation. A couple of typos were also cleaned up.
>
> NOTE: We still need one more endorsement.
>
> Tim
>
> <MOTION>
> The Registrar Constituency position is that these
> recommendations are over-reaching, unrealistic and inappropriate.
>
> Specifically...
>
> RE: 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. Linking to an
> external web page is not sufficient.
>
> It is inappropriate to view the registration exercise as a
> policy education process. It is a registration process and
> should be as simple, straightforward and unburdened as
> possible for registrants to conclude. The current trend to
> "cram" all sorts of notices, and prescribe the method of
> notification, into the registration process interferes with
> the potential simplicity of this process.
>
> Furthermore, presenting anything to the registrant other than
> the Domain Name Registration Agreement (or Terms and
> Conditions) during the registration process is an entirely
> new obligation that would require many registrars to
> completely re-establish their method of registration. For
> wholesale registrars, this represents a highly onerous burden.
>
> Lastly, this recommendation is highly unclear. What is a
> disclosure regarding availability? Availability of what? This
> should be defined.
>
> This recommendation would be acceptable in the following form
> (with the potential to include a reference to "availability"
> if agreeable clarification is forthcoming);
>
> 1. Registrars must ensure that disclosures regarding
> availability and third-party access to personal data
> associated with domain names actually be AVAILABLE to
> registrants during the registration process.
>
> RE: 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.
>
> Prescribing the form and scope of my legal agreements with my
> registrants is inappropriate and without precedent under
> current agreements. This entire clause should be removed from
> the recommendations.
>
> RE: 3. Registrars must obtain a separate acknowledgement from
> registrars that they have read and understand these
> disclosures. This provision does not affect registrars'
> existing obligations to obtain registrant consent to the use
> of their contact information in the WHOIS system.
>
> Presumably, this was intended to read "acknowledgement from
> Registrants that...", nonetheless requiring separate
> acknowledgement is an unworkable condition that cannot be
> practically implemented in the current environment.
> Today, a Registrar is required to bind a Registrant to a
> series of obligations. It is a well known fact that customers
> do not read point-of-sale agreements. This is especially true
> of click-wrap agreements.
> Ascertaining whether or not a Registrant has read and
> understands those obligations is beyond the scope of existing
> registration processes.
>
> It is really only appropriate to obtain a Registrants
> agreement that their data will be included in the Whois and
> make this a condition of registration in a fashion similar to
> the other terms a Registrant must agree to prior to
> undertaking a registration.
>
>
> Since this is already required in the current RAA in
> sub-sections 3.7.7.4, 3.7.7.5, and 3.7.7.6, this
> recommendation should be removed from the Task Force recommendations.
> </MOTION>
>
>
>
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