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changes.mady.by.user Matt Ashtiani

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changes.mady.by.user Evan Leibovitch

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Comment: Added staff proposed wording, formatting

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So, what’s broken in 3.7.8? In short there is no obligation of a Registrar to delete a domain with a false WHOIS record nor is there an obligation to correct the record. Because there is no obligation, a Registrar cannot be held in breach for failing to do so. So there is in fact no authority for ICANN to enforce against inaccuracy. This is stated on page 79 of the WI RT final report (icann.org/en/about/aoc-review/whois/final-report-11may12-en) and detailed here: circleid.com/posts/20120312_icanns_contract_not_enforceable_on_whois_accuracy

 

This issue separate from the current registrar negotiations – it does not fit into the items concerning privacy/proxy or WHOIS validation being debated, rather it is a flaw in the original language that needs correction.

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The draft language I’m proposing takes section 5 from the WHOIS ACCURACY PROGRAM SPECIFICATION to replace most of the last section of the existing 3.7.8 and uses language from the 2003 advisory (icann.org/en/news/announcements/advisory-03apr03-en.htm), which is already “policy”, to replace the term “reasonable steps.” The last section I have added to clarify the registrar’s immunity and responsibility.  

...

 

ICANN staff's currently proposed wording:

Registrar shall comply with the Whois accuracy program as specified in the Whois Accuracy Program Specification to this Agreement.  In addition, Registrar shall abide by any Consensus Policy requiring reasonable and commercially practicable (a) verification, at the time of registration, of contact information associated with a Registered Name sponsored by Registrar or (b) periodic re-­‐verification of such information.  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.

 

ALAC's proposed wording:

Original wording from Garth with contributions from Cintra:

Registrar shall, upon notification of an inaccuracy in the contact information associated with a Registered Name sponsored by Registrar, investigate by promptly transmitting to the registrant the inquiries concerning the accuracy of the data that are suggested by RAA Subsection 3.7.7.2. The inquiries should be conducted by all commercially practicable means available to the registrar: by telephone, e-mail, and registered postal mail.

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, Registrar shall either terminate the Registered Name Holder’s Registration or place such registration on clientHold and clientTransferProhibited. The sponsoring Registrar is responsible for maintaining and presenting to ICANN Compliance all communication records occurring during the complaint period. Registrars taking all reasonable steps to execute this policy properly shall not be held at fault.