[Date Prev]   [Date Next]   [Thread Prev]   [Thread Next]   [Date Index]   [Thread Index]


Comment on deletions paper
Post a reply
  • To: <gtld-deletion-comments@xxxxxxxxx>
  • Subject: Comment on deletions paper
  • From: "Steve Metalitz" <metalitz@xxxxxxxxxxxxx>
  • Date: Tue, 5 Nov 2002 17:31:58 -0500
  • Cc: <metalitz@xxxxxxxxxxxxx>

 

Comments re Deletion Policy

November 5, 2002

 

The Copyright Coalition on Domain Names (CCDN), founded in 1999 to advocate the interests of copyright owners in the domain name system, and currently comprising the associations and companies listed at the end of this message, offers the following comments on “Notice of Initiation of Policy Development Process:  Deletion of gTLD Registrations.”

 

            CCDN’s comments are limited to Issue #2.  We do not support changing the ICANN Registrar Accreditation Agreement to extend from 15 days to 45 days the maximum waiting period before the failure to respond to inquiries from a registrar about the accuracy of Whois data can be held to constitute a material breach of the registrant-registrar agreement and a basis for cancellation of the registration.

 

            In most cases, this waiting period is applicable only once the falsity of Whois data is brought to the attention of the registrar.  Many registrars have claimed that it is not economically or technologically feasible for them to take on any proactive responsibility to ensure that registrants are living up to this obligation, and thus are making the inquiries that set the 15-day clock running only after receiving a complaint. 

 

            We are unaware of any persuasive justification for generally extending the time within which registrants whose contact data is or has become false may correct that data before risking cancellation of their registrations.  Any such extension seems certain to increase the proportion of data within Whois at any given time that is false.  ICANN should be taking steps to reduce the amount of false Whois data, not to increase it. 

 

The situation might be different if the proposal were for a longer time period to apply only to cases in which the registrar initiates the inquiry on its own, and not in response to a complaint of false contact data.  (This may be the situation to which the document refers, since otherwise its reference to “trouble contacting registrants at the time of domain name renewal” would not appear relevant.)   If a longer waiting period would demonstrably increase incentives for registrars to undertake these inquiries proactively, then it could be considered. However, even in this situation, the case for an extended period of time to correct false contact data remains to be made.

If a delete policy is to be truly comprehensive, it must cover not only “deletion following a complaint on WHOIS accuracy,” as Issue 2 is entitled, but also deletion following non-response to an inquiry by the registrar not stimulated by a complaint.  Furthermore, it must also address the two other circumstances outlined in Section 3.7.7.2 of the RAA that can lead to deletion:  “willful provision of inaccurate or unreliable information [or] willful failure promptly to update information provided to Registrar.”  In these circumstances the 15-day waiting period does not currently apply. 

In our view, and as reflected in the Interim Recommendations of the WHOIS Task Force,  “’willful provision of inaccurate or unreliable information’ is a material breach of the registration agreement that should lead to cancellation of the registration unless there are extenuating circumstances ... this breach can be detected on the face of the data submitted if it is blatantly false. (It is extremely unlikely that someone would submit such contact data other than willfully.)”   A comprehensive deletes policy should account for this.  It should also take into account the fact that registrars may (and some do) apply their own policy of allowing less than 15 calendar days for the correction of false contact data. 

Finally, as reflected in the Interim Recommendations of the WHOIS Task Force,  “Registrations to be cancelled on the basis of submission of false contact data should be subject to a Redemption Grace Period similar to that being implemented for other deletes in .com/.net/.org, but requiring submission of verified contact data for redemption.”  Of course there may need to be some variations between the RGP that is now in the process of implementation, and the appropriate grace period for registrations cancelled based on false Whois data.  Our point here is that in the latter circumstance, redemption during such a grace period should only be allowed once current and accurate contact data has been supplied and appropriately verified, perhaps together with the payment of a reasonable fee to cover the costs of data verification and administration of the grace period.    

Thank you for the opportunity to comment.     

 

 

Steven J. Metalitz

Smith & Metalitz LLP

Counsel to CCDN

 

CCDN Participant Organizations

 

American Society of Composers, Authors and Publishers (ASCAP)

AOL Time Warner

Broadcast Music, Inc. (BMI)

Business Software Alliance (BSA)

Motion Picture Association of America (MPAA)

Recording Industry Association of America (RIAA)

Software and Information Industry Association (SIIA)

The Walt Disney Company

 

 


[Date Prev]   [Date Next]   [Thread Prev]   [Thread Next]   [Date Index]   [Thread Index]

Privacy Policy | Terms of Service | Cookies Policy