Hi All,
I hope all is well, and want to share the comments I submitted last
night to the public comment period on the RAA -- the new Registrar
Accreditation Agreement. I attended some of the sessions on it, and the
Webinar after Beijing, and realized there was a problem with some of the
contract language -- that if you don't update changed information in 7
days (without further notice or process) your domain names can be
suspended or canceled. Yikes!
I also applaud Robin's submission of the "Real Registrants Rights and
Responsibilities," a very nice addition to the version presented in the
proposed RAA.
My comments below. All comments @
http://forum.icann.org/lists/comments-proposed-raa-22apr13/
Best,
Kathy
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Reply Comments In Support of Real Registrant Rights and
In Opposition to RAA's Proposed 3.7.7.2 Which Will Lead to
Real Harm and Injustice for Registrants
I. Real Registrant Rights and Responsibilities
I support the comments submitted by Robin Gross, Chair of the
Non-Commercial Stakeholders Group and the "Real Registrant Rights and
Responsibilities" document she attached.I was pleased to find a draft of
registrant rights and responsibilities, and the idea is a positive step
forward -- however, it was drafted without the input of Registrant
groups within ICANN.
As public comment is the opportunity for public input, I hereby submit
my support for the "Real Registrant Rights and Responsibility" document
submitted by Robin Gross on behalf of NCSG on May 14^th . This document
is the result of a robust conversation on the NCSG list, and at our
meeting in Beijing, and the result of significant input and edits of
numerous individuals in the NCSG (attached).
II. RAA's proposed 3.7.7.2 Will Lead to Real Harm and Injustice for
Registrants
On a separate and personal note, I raise my deep concern and strong
objection to the proposed change in RAA 3.7.7.2that would allow a domain
name to become null, void and subject to "suspension and/or
cancellation" */within 7 days of any change to the domain name
information -- any change! /*
*//*
The 2009 RAA requirement was reasonable and required Registrants to
"promptly" update their information after a change.This proposed change
to the RAA came out of nowhere, was never discussed with the Registrant
Communities of ICANN, and will lead to the most unfair of results for
Registrants.
The proposed 3.7.7.2 allows Domain Name Cancellation _with or without
any actual harm or problem with the domain name_.Simply because a
Registrant has not updated her information after moving a home or
business -- */and regardless of the accuracy of other contact
information including email and/or phone/* -- _the Registrar will have
the option to suspend or even cancel the Domain Name Registration (!)_
The result is blatantly unfair and it is baffling why ICANN would want
this as a goal. For example, if a parent has registered domain names for
local charities, sports, political groups and neighborhood functions,
and then relocates to new physical address and does not think to update
her physical address (while she/he is registering children for school,
seeking out the local grocery stories, and finding pediatricians),
*/then within a mere seven days/*, */all of her/his domain names are now
subject to suspension or cancellation under this proposed new section of
the RAA(!)./*
This "suspension and/or cancellation" may take place, subject to the
discretion of the Registrar, but allowed under the Proposed 3.7.7.2:
-regardless of ANY notice to the Registrant (or the complete lack thereof);
-regardless of ANY OTHER ACCURATE INFORMATION in the Whois database,
e.g., phone and/or email address of the Registrant; AND
-regardless of any harm OR LACK THEREOF in the registration of the
domain name.
This makes no sense as a rule or principle of ICANN, and will lead to
the most ungracious of acts. It will allow small businesses to spy on
each other and report to Registrars of recent changes of location and
the need to revoke domain names -- all in an effort to steal valued
domain names of their business or industry; it will enable Registrars to
spy on their own customers and cherry-pick domain names from their
Registrants' accounts based on the mere change of minor information only
eight days earlier.
Further, Proposed 3.7.7.2 violates the standard set by the Whois Review
Team which called for, not absolute accuracy of all Whois information,
but the contactability of the Registrant.(See Recommendation 11 of the
Data Accuracy Section which advises ICANN to "take appropriate measures
to reduce the number of WHOIS registrations that fall into the accuracy
groups Substantial Failure and Full Failure (as defined by the NORC Data
Accuracy Study, 2009/10)..."-- terms referring to the complete and
nearly complete inability to reach a registrant at */any /*of
his/her/its contact information).
This proposed change to the RAA is in no way tied to any requirement of
the security and stability of the Internet.It is in no way tied to any
other standard for consumer information updates and corrections. For
example, I have ability (and notice) to update my personal information
on credit cards, social networks, bank accounts, etc., and often it is
the notice from an institution of an error in the data that notifies me
(and all consumers) of the need for an update or correction.
Where, as here, there is no notice to the Registrant, and nothing to put
him/her/it on notice of a violation, this proposed change will lead to
real problems, significant harm and a sense of deep injustice by
Registrants against ICANN.Thank you for correcting this proposal -- and
setting it back to a "prompt" correction of data (with adequate notice
to the Registrant).Alternatively, this proposal must be tied, in its
final version, to some type of clear and present harm and violation of
the domain name registration, plus its inaccurate information, with due
process for the suspension or cancellation.
Please contact me if you would like to discuss the problems with this
provision further. Thank you for making the small and reasonable change
requested in the final 2013 RAA.
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