[ALAC] RAA 3.7.8

[Garth Bruen]

Alan,

Thanks for the question.

My first concern is that the contract and the specifications are not the
same thing, I would argue it is worth putting this within the contract to
make it clear if it is worth putting in at all. 

My second concern is a logical disconnect between the language of the
specification and the language of the second clause of 3.7.8. Let me
explain.

The major problem with 3.7.8 is in this wording: "Registrar shall, upon
notification by any person of an inaccuracy in the contact information
associated with a Registered Name sponsored by Registrar, take reasonable
steps to investigate that claimed inaccuracy. In the event Registrar learns
of inaccurate contact information associated with a Registered Name it
sponsors, it shall take reasonable steps to correct that inaccuracy."

This allows non-contracted parties to the RAA to file complaints about false
registrations but it does NOT contain any enforcement measures. It does not
compel the registrar to do anything, does not define "reasonableness", and
therefore gives ICANN no method for addressing it. 

The specification #5 states: "Upon the occurrence of a Registered Name
Holder's willful provision of inaccurate or unreliable WHOIS information,
its willful failure promptly to update information provided to Registrar, or
its failure to respond for over fifteen (15) calendar days to inquiries by
Registrar
concerning the accuracy of contact details associated with the Registered
Name Holder's registration " 

There is no specific or implied connection between inaccuracies reported by
the public and "the occurrence of a ... provision of inaccurate or
unreliable WHOIS information." The assumption that "notification by any
person" translates to an "occurrence" is just an assumption. How a report
from the public becomes an issue requiring process is not defined. 

Furthermore there is muddling of the obligations of the registrant versus
the obligation of the registrar. 3.7.8 ONLY refers to obligations by the
registrar, with the second clause ONLY referring to registrar obligations in
response to public reports. The specification document refers to registrar
verification and validation. Only specification #4 provides for ANY eternal
inaccuracy report data and this ONLY refers to contact email addresses, no
other data elements such as phone numbers, mailing addresses or entity
names. 

The overarching point is that 3.7.8 is one of the few (if only) contract
sections which opens the door to community oversight or grievance but it is
artfully hobbled. This new specification as written does NOT fix the
problem. It still completely leaves domain cancelation at the discretion of
the registrar, still leaves the definitions of "inaccuracy" and
"reasonableness" up to the registrar. 

We are dealing in an area of vast gray paint which needs to be clear for all
to see. 

-Garth


-----Original Message-----
From: alac-bounces at atlarge-lists.icann.org
[mailto:alac-bounces at atlarge-lists.icann.org] On Behalf Of Alan Greenberg
Sent: Friday, March 22, 2013 2:57 PM
To: ALAC Working List
Subject: [ALAC] RAA 3.7.8
Importance: High

Garth, on the recent teleconference on the RAA you raised the issue of RAA
3.7.8 and said the problem of its being unenforceable by ICANN was still not
resolved.

As I read it, 3.7.8 (and associated specifications) now says:

- verification of contact information at time of registration required
- periodic re-verification
- upon notification of inaccuracy
- if inaccurate information is found and not corrected within 15 days,
registrar must terminate or suspend registration, or place it on clientHold.

If the registrar does not do this, they have violated the terms of the RAA.

What more is it that you are looking for?

Alan

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