[ALAC] RAA 3.7.8

Wed Mar 27 18:43:16 UTC 2013

Apologies for grouping this together in a single response.

Carlton: I like your enumerated recommendations, but per Alan’s suggestion I think we need to spell out suggested language to avoid it becoming weak. The gap I’m trying to cover is between a public report and obligated action. So we need a fix to that text notwithstanding any additional changes which may be good.

Alan, RE: “I can report that Knujon is obviously a made up name and is a willful attempt to mask your true identity. Or that "Garth" is clearly a fabrication. If the registrar knows that these are both legitimate, should you still be required to provide documentation of their validity to the registrar within 15 days or loose your domains?” The registrar can in fact validate this with information they already have from my payment data. I don’t want them deleting domains with impunity, and I’m happy to have more process which protects the registrant rights by requiring more due process. The problem I’m getting at is when the record has been shown without doubt to be forged and the registrar won’t act because they are no required to. 

Alan, RE: “Why is this needed when 3.7.8 starts with "Registrar shall comply with the obligations specified in the Whois Accuracy Program Specification"?” Aha, there’s the rub. Because the Accuracy specifications do not cover the language in the last paragraph of 3.7.8. If you break up the proposed 3.7.8 in three distinct sections, each starting with “Registrar shall” the first section obligates them to the Accuracy program; The second section refers to their regular obligations to validate; The third obligates the handling of inaccuracy reports from the public. So then what is in the Accuracy Program? The contents wholly refer to the obligations in the second paragraph. There is no language pertaining to the third paragraph within the specification. 3.7.8 remains unchanged in this respect. 

From: Carlton Samuels [mailto:carlton.samuels at gmail.com] 
Sent: Wednesday, March 27, 2013 1:19 PM
To: Alan Greenberg
Cc: Evan Leibovitch; Garth Bruen at KnujOn; ALAC Working List
Subject: Re: [ALAC] RAA 3.7.8

The way I suggested to deal with Clause 3.7.8 concerns on the wiki might be cleaner.

-Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================

On Wed, Mar 27, 2013 at 12:04 PM, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:

Sorry, forgot one thing.

At 27/03/2013 01:01 PM, Alan Greenberg wrote:
>At 27/03/2013 12:20 PM, Evan Leibovitch wrote:

>>On 27 March 2013 11:47, Garth Bruen at KnujOn

>><<mailto:gbruen at knujon.com>gbruen at knujon.com> wrote:
>>
>>Change the WHOIS Accuracy Specification #5 from:

>>â€œUpon the occurrence of a Registered Name Holder's willful provision
>>of inaccurate or unreliable WHOIS information…â€
>>To:
>>â€œUpon the REPORT OR DISCOVERY of a Registered Name Holder's willful
>>provision of inaccurate or unreliable WHOIS information…â€

>>
>>
>>
>>Agreed, though I think that "report" is
>>sufficient. A discovery that is unreported can't be of much help.
>

>See my e-mail just sent which explains why I
>think that "report" is overly broad.

Don't agree about omitting discovery. That covers
the case where a registrar "discovers" the
problem, likely due to one of the required checks
mandated in the earlier sections of the
specification. It does not make sense for a
registrar to have to report the problem to
itself, yet the predicate part of this sentence
is what allows the registrar to disable the domain with impunity.

Alan

>>
>>AND modify the contract language of 3.7.8 from:
>>"...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."
>>To:
>>"...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 AND IF NEEDED CANCEL OR SUSPEND THE
>>DOMAIN IN ACCORDANCE WITH THE ACCURACY SPECIFICATION."
>>
>>
>>I'm OK with the intent, but would suggest
>>something more explicit, that allows for a period of time to make corrections.
>>
>>
>>"...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. Domains that maintain
>>inaccurate information, after given reasonable
>>time to be corrected upon notification, shall
>>be cancelled or suspended by the Registrar in
>>accordance with the accuracy specification.
>>
>>Is this any more palatable?
>

>Whois Accuracy Specification explicitly gives a
>15 day window after which te registrar must disable the domain.
>
>Alan
>
>

>>- Evan
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