[ALAC] RAA 3.7.8

Wed Mar 27 19:07:40 UTC 2013

Garth,
Look again and you see the language I proposed.

-Carlton
On Mar 27, 2013 1:43 PM, "Garth Bruen" <gbruen at knujon.com> wrote:

> 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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>
> ** **
>