Hello Milton,

On Thu, Jul 3, 2014 at 8:48 PM, Milton L Mueller <[log in to unmask]> wrote:

>  One could have perfectly accurate contact details on the whois record,
> but if the inquiry went into the spam folder or you are on vacation, or you
> don’t know what it is and don’t respond, the domain is suspended.
>

This is why i suggest we review the process to give adequate room for those
kind of reasons you've stated above.

>
>
> The issue is not whether the contact details are not maintained, but
> whether the person who has been emailed responds according to an
> artificially imposed deadline.
>

Well i think its known issue that whois contact details are not maintained.
However i understand and agree with some of the concerns you have stated
which indicates that the process before domain suspension needs to me
revised perhaps. As i hope you agree that there has to be one form of
penalty for people who don't have a functional whois information.


> This test does not really verify accuracy of contact details but just
> responsiveness.
>

I think it should on normal basis do both. If its not then that is a more
reason to re-visit the process.

>
>
> All these checks do is to subordinate domain name registrants rights to
> the surveillance interests convenience.
>
>
>
Hmm....not sure about the surveillance part, but i can say yes to possible
spamming. Nevertheless i think we just need to weight the option. Is it
better to have an up-to-date whois or not

Regards

>
>
> *From:* NCSG-Discuss [mailto:[log in to unmask]] *On Behalf Of
> *Seun Ojedeji
> *Sent:* Thursday, July 3, 2014 9:22 AM
> *To:* [log in to unmask]
> *Subject:* Re: [NCSG-Discuss] Fwd: [] Fwd: A million domains taken down
> by email checks
>
>
>
> Hello Avri, all
>
> I think this particular issue needs to be addressed carefully. I
> personally don't see why a domain owner would not have a valid whois
> contact as one cannot overemphasise it's advantage.
> I think it's okay to penalise those who don't have valid contact, however
> the process that had been taken before arriving at implementing the
> penalty is what I suggest we look into.
>
> There is a whois policy currently under discussion within the AfriNIC
> region which has penalty that results to withdrawing member IP resource.
> However before such implementation is done, there are series of contacting
> options (using different means like phone, email etc, friends, upstream)
> that is used by staff to reach the member. Also the proposal indicates
> clear timeline on when to withdraw IP resource if no luck on reaching
> member.
>
> So my view is that NCSG looks at the process currently taken to verify
> whois contacts with the aim of suggesting better ways and perhaps proposing
> longer timeline periods. Nevertheless, I think it's still important to
> penalise those who don't maintain their contact details.
>
> Cheers!
>
> sent from Google nexus 4
> kindly excuse brevity and typos.
>
> On 3 Jul 2014 13:56, "Avri Doria" <[log in to unmask]> wrote:
>
> Hi,
>
> IS this something we are taking a position on?
>
> I do not know whether at-large will decide that this is a registrant
> issue instead of a user issue (leaving aside issues on whether
> registrants could be considered a form of user), but it does seem like
> it would be an issue for us.
>
> Do we want to take it up?
>
> Is it something the GNSO Council should take up?
>
> avri
>
>
> -------- Original Message --------
> Subject: [At-Large] Fwd:  A million domains taken down by email checks
> Date: Thu, 3 Jul 2014 18:36:55 +0800
> From: Rinalia Abdul Rahim <[log in to unmask]>
> Reply-To: At-Large Worldwide <[log in to unmask]>
> To: ALAC Working List <[log in to unmask]>
> CC: At-Large Worldwide <[log in to unmask]>
>
> Dear ALAC,
>
> In reference to Joly MacFie's mail to the At-Large (see forwarded), the
> topic was also raised by Registrars during their meeting with the ICANN
> Board in London.
>
> Fadi posed a question to the Registrars on whether they have engaged with
> the At-Large on the matter. Fadi then raised the issue to the At-Large
> during his ATLASII Fayre speech.
>
> It would be important that the At-Large articulates its position on the
> issue (possibly via an ALAC statement) as it is being presented as a
> problem for Internet users.
>
> Best regards,
>
> Rinalia
> ---------- Forwarded message ----------
> From: "Joly MacFie" <[log in to unmask]>
> Date: Jun 26, 2014 1:00 AM
> Subject: [At-Large] A million domains taken down by email checks
> To: "At-Large Worldwide" <[log in to unmask]>
> Cc:
>
> Fwd over from the NCSG list. I underdtand that this would have been
> > discussed in today's EWG and privacy sessions. Any comments?
> >
> >
> >
> http://domainincite.com/16963-a-million-domains-taken-down-by-email-checks
> >
> >  A million domains taken down by email checks
> > <
> >
> http://domainincite.com/16963-a-million-domains-taken-down-by-email-checks
> > >
> > Kevin Murphy <http://domainincite.com/about>, June 24, 2014, 14:34:25
> > (UTC), Domain Registrars
> > <http://domainincite.com/category/domain-registrars>
> >
> > *Over 800,000 domain names have been suspended since the beginning of the
> > year as a result of Whois email verification rules in the new ICANN
> > Registrar Accreditation Agreement.*
> >
> > That’s according to the Registrars Stakeholder Group, which collected
> > suspension data from registrars representing about 75% of all registered
> > gTLD domain names.
> >
> > The actual number of suspended domains could be closer to a million.
> >
> > The 2013 RAA requires registrars to verify the email addresses listed in
> > their customers’ Whois records. If they don’t receive the verification,
> > they have to suspend the domain.
> >
> > The RrSG told the ICANN board in March that these checks were doing more
> > harm than good
> > <
> >
> http://domainincite.com/16375-are-whois-email-checks-doing-more-harm-than-good
> > >
> > and today Tucows CEO Elliot Noss presented, as promised, data to back up
> > the claim.
> >
> > “There have been over 800,000 domains suspended,” Noss said. “We have
> > stories of healthcare sites that have gone down, community groups whose
> > sites have gone down.”
> >
> > “I think we can safely say millions of internet users,” he said. “Those
> are
> > real people just trying to use the internet. They are our great
> > unrepresented core constituency.”
> >
> > The RrSG wants to see contrasting data from law enforcement agencies and
> > governments — which pushed hard for Whois verification — showing that the
> > RAA requirement has had a demonstrable benefit.
> >
> > Registrars asked at the Singapore meeting in March that law enforcement
> > agencies (LEA) be put on notice that they can’t ask for more Whois
> controls
> > until they’ve provided such data and ICANN CEO Fadi Chehade said
> > <
> >
> http://domainincite.com/16375-are-whois-email-checks-doing-more-harm-than-good
> > >
> > “It shall be done by London.”
> >
> > Noss implied that the majority of the 800,000 suspended names belong to
> > innocent registrants, such as those who had simply changed email
> addresses
> > since registering their names.
> >
> > “What was a lovely political win that we said time and time again in
> > discussion after discussion was impractical and would provide no benefit,
> > has demonstrably has created harm,” Noss said.
> >
> > He was received with cautious support by ICANN board members.
> >
> > Chair Steve Crocker wonder aloud how many of the 800,000 suspended
> domains
> > are owned by bad guys, and he noted that LEA don’t appear to gather data
> in
> > the way that the registrars are demanding.
> >
> > “We were subjected, all of us, to heavy-duty pressure from the law
> > enforcement community over a long period of time. We finally said, ‘Okay,
> > we hear you and we’ll help you get this stuff implemented,’”, he added.
> > “That creates an obligation as far as I’m concerned on their part.”
> >
> > “We’re in a — at least from a moral position — in a strong position to
> say,
> > ‘You must help us understand this. Otherwise, you’re not doing your part
> of
> > the job’”, he said.
> >
> > Chehade also seemed to support the registrars’ position that LEA needs to
> > justify its demands and offered to take their data and concerns to the
> LEA
> > and the Governmental Advisory Committee.
> >
> > “They put restrictions on us that are causing harm, according to these
> > numbers,” he said. “Let’s take this back at them and say, hey, you ask
> for
> > all these things, this is what happened.”
> >
> > “If you can’t tell me what good this has done, be aware not to come back
> > and ask for more,” he said. “I’m with you on this 100%. I’m saying let’s
> > use the great findings you seem to have a found and well-package them in
> a
> > case and I will be your advocate.”
> >
> > Director Mike Silber also spoke in support of the RrSG’s position.
> >
> > “My view is if what you are saying is correct, the LEA’s have blown their
> > credibility,” he said. “They’re going to have to do a lot of work before
> we
> > impose similar disproportional requirements on actors that are not proven
> > to be bad actors.”
> >
> > So what does this all mean for registrants?
> >
> > I don’t think there’s any ongoing process right now to get the Whois
> > verification requirements overturned — that would require a renegotiation
> > of the RAA — but it does seem to mean demands from governments and police
> > are going to have to be much more substantiated in future.
> >
> > Noss attempted to link the problem to the recommendations of the Whois
> > Expert Working Group (EWG), which propose a completely revamped,
> > centralized Whois system with much more verification
> > <
> http://domainincite.com/16855-whois-killer-is-a-recipe-for-a-clusterfuck>
> > and not much to benefit registrants.
> >
> > To paraphrase: if email verification causes so much harm, what harms
> could
> > be caused by the EWG proposal?
> >
> > The EWG was not stuffed with LEA or governments, however, so it couldn’t
> > really be characterized as another set of unreasonable demands from the
> > same entities.
> >
> >
> > --
> > ---------------------------------------------------------------
> > Joly MacFie  218 565 9365 Skype:punkcast
> > WWWhatsup NYC - http://wwwhatsup.com
> >  http://pinstand.com - http://punkcast.com
> >  VP (Admin) - ISOC-NY - http://isoc-ny.org
> > --------------------------------------------------------------
> > -
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*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
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The key to understanding is humility - my view !