Are they asking for public comment on this?

 

From: NCSG-Discuss [mailto:[log in to unmask]] On Behalf Of Robin Gross
Sent: Wednesday, March 06, 2013 10:23 PM
To: [log in to unmask]
Subject: Re: [NCSG-Discuss] Draft Registrant Rights & Responsibilities

 

Thanks, Joy.  I share your concerns about ICANN calling these "rights", which really does imply something much broader than what they really mean, which perhaps is something like "rights provided by the ICANN contracts".  Perhaps ICANN would simply be willing to re-title their document to clarify that point since it is misleading and creating confusion about the extent of rights a person might have with respect their domain name?

 

Thanks,

Robin

 

 

On Mar 5, 2013, at 7:01 PM, joy wrote:



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Thanks Robin - I think calling these "rights" is somewhat misleading-

they are a small set consumer related contractual rights ... and not

particularly strong ones at that. The concept of "registrants rights"

and "responsibilities" in relation to domain names are referred to in

a variety of RFCs (eg 1591) - might be worth considering whether any

of these are relevant

So far as human rights obligations go (due process, privacy, freedom

of association, non-discrimination and so on) - I'm not entirely sure

about relegating these to contractual terms and conditions since my

understanding is that these are obligations which pertain regardless

of private contract via ICANN. I wouldn't want to see these somehow

curtailed or read down by only partial reference or inclusion (as I

have seen happen in other non-ICANN contractual contexts).

Has there been any previous work in NCSG around "registrants rights"

that might help?

Cheers

Joy

 

 

 

On 6/03/2013 9:21 a.m., Robin Gross wrote:

Below is a draft of what is said to be a near-final version of a

'domain name registrant's rights and responsibilities' (according

to ICANN staff).

 

Unfortunately it doesn't include rights like due process of law

and gives short shrift to registrants' privacy rights.  It might

be worthwhile to draft our own version of registrant rights and 

responsibilities or an official comment on the deficits in the 

staff-drafted version.  It would be great if we could encourage

staff to come up with a final version that describes the fuller

range of rights available to registrants.

 

Best, Robin

 

 

 

 Registrants’ Rights and Responsibilities

 

Domain Name Registrants’ Rights:

 

1. Your domain name registration and any privacy services you may 

use in conjunction with it must be subject to a Registration

Agreement with an ICANN Accredited Registrar. * You are entitled to

review this Registration Agreement at any time, and download a copy

for your records. 2. You are entitled to accurate and accessible

information about: * The identity of your ICANN Accredited

Registrar; * The identity of any privacy service provider

affiliated with your Registrar; * Your Registrar’s terms and

conditions, including pricing information, applicable to domain

name registrations; * The terms and conditions, including pricing

information, applicable to any privacy services offered by your

Registrar; * The customer support services offered by your

Registrar and the privacy services provider, and how to access

them; * How to raise concerns and resolve disputes with your 

Registrar and any privacy services offered by them; and *

Instructions that explain your Registrar’s processes for 

registering, managing, transferring, renewing, and restoring your

domain name registrations, including through any privacy services

made available by your Registrar. 3. You shall not be subject to

false advertising or deceptive practices by your Registrar or

though any privacy services made available by your Registrar. This

includes deceptive notices, hidden fees, and any practices that are

illegal under the consumer protection law of your residence.

 

Domain Name Registrants’ Responsibilities:

 

1. You must comply with the terms and conditions posted by your 

Registrar, including applicable policies from your Registrar, the 

Registry and ICANN. 2. You must review your Registrar’s current

Registration Agreement, along with any updates. 3. You will assume

sole responsibility for the registration and use of your domain

name. 4. You must provide accurate information for publication in 

directories such as WHOIS, and promptly update this to reflect any

changes. 5. You must respond to inquiries from your Registrar

within fifteen (15) days, and keep your Registrar account data

current. If you choose to have your domain name registration renew

automatically, you must also keep your payment information

current.

 

 

 

 

IP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San

Francisco, CA  94117  USA p: +1-415-553-6261    f: +1-415-462-6451 

 

 

 

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IP JUSTICE

Robin Gross, Executive Director

1192 Haight Street, San Francisco, CA  94117  USA

p: +1-415-553-6261    f: +1-415-462-6451