[bc-gnso] RE: Outline for discussion of RAA comments today

[Elisa Cooper <Elisa.Cooper@xxxxxxxxxxxxxxx>]

Steve,

Once again, great job in leading the discussion covering the Registrar 
Accreditation Agreement (RAA).

Two additional overarching points I think we should also consider adding to our 
RAA comments are as follows:


1)      With so many new registrar obligations, we are hopeful that ICANN 
Compliance is properly staffed to enforce the new agreement.

2)      We would encourage ICANN to proactively educate all registrars of the 
new requirements, so that they all understand the new obligations and can 
comply with the new agreement.

Thanks again.

Best,
Elisa

Elisa Cooper
Director of Product Marketing
MarkMonitor

Elisa Cooper
Chair
ICANN Business Constituency

208 389-5779 PH

From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
Steve DelBianco
Sent: Thursday, May 02, 2013 8:26 AM
To: 'bc - GNSO list'
Subject: [bc-gnso] Outline for discussion of RAA comments today

Here's an outline for today's member discussion of BC comments on the RAA.  
(11am eastern US time)

Public Comment page is 
here<http://www.icann.org/en/news/public-comment/proposed-raa-22apr13-en.htm>.  
 The proposed final RAA is 
here<http://www.icann.org/en/resources/registrars/raa/proposed-agreement-22apr13-en.pdf%20>.
 Initial comments due 13-May

Outline:
1. Privacy/Proxy Specification 
(link<http://www.icann.org/en/resources/registrars/raa/proposed-registrant-rights-responsibilities-22apr13-en.pdf>)
There is no Service level specified for timing and methods to relay 
communications and reveal data to complainant.

2. Whois
Maintain bulk access to Whois (port 43)

"Willful provision of inaccurate or unreliable whois information" as basis to 
suspend a registration (3.7.7.2)

If Registrant data isn't validated in 15 days, should registrations be 
suspended during manual validation?

Should same accuracy requirement apply to Account Holder data as well?

3. Enforcement of Registrant Rights 
(link<http://www.icann.org/en/resources/registrars/raa/proposed-registrant-rights-responsibilities-22apr13-en.pdf>),
 in particular:
"You shall not be subject to false advertising or deceptive practices by your 
Registrar or though any proxy or privacy services made available by your 
Registrar. This includes deceptive notices, hidden fees, and any practices that 
are illegal under the consumer protection law of your residence."

Do we need additional clarity in order to enforce Registrar obligations?   
Proposed RAA says:
RAA 3.7.10     Registrar shall publish on its website(s) and/or provide a link 
to the Registrants' Rights and Responsibilities Specification attached hereto 
and shall not take any action inconsistent with the corresponding provisions of 
this Agreement or applicable law.


Note: during the Beijing meeting, ICANN attorney Samantha Eisner told the BC 
that Public comment would be particularly valuable in these areas:
Registrant rights & responsibilities.  This was drafted by registrars.
Validation of registrant data (registrant and account holder?)
Penalties for inaccurate data
Registrars want to drop Port 43 access for thick registries
Unilateral amendment by ICANN.

--
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482