Proposed Final 2013 RAA

[Tobias Sattler <sattler@xxxxxxxxxxxxxxxxx>]

Dear ICANN staff,

After reading the proposed new ICANN 2013 RAA, we came to the conclusion that 
it is an improvement to the current 2009 RAA. Well, there are quite some 
changes that will impact registrars and registrants, but in total it is much 
clearer or let me say better-formed agreement than the 2009. We would like to 
thanks the Registrar Stakeholder Group Negotiation Team for the hard work for 
the last 18 months. Nevertheless there are some points in the new agreement we 
think a clarification would be needed.
 
Registrar Accreditation Agreement
 
3.3.1 At its expense, Registrar shall provide an interactive web page and with 
respect to any gTLD operating a “thin” registry, a port 43 WHOIS service […]
 
A definition of a “thin” registry is required here, because we cannot find any 
reference or explanation of a “thin” registry in this agreement or in the 
amendments.
 
3.3.8 Registrar shall meet or exceed the requirements set forth in the WHOIS 
Specification.
 
A clear reference to the WHOIS Specification is required here. The amendments 
contain the “WHOIS Accuracy Program Specification” and “Registration Data 
Directory Service (WHOIS) Specification”, but there are also other WHOIS 
specifications like the ones of each gTLD. Furthermore it is not clear if new 
WHOIS specifications can be adopted by ICANN and enforced to the registrars.
 
3.12 […] Registrar shall use commercially reasonable efforts to enforce 
compliance with the provisions of the agreement between Registrar and any 
Reseller that relate to the provisions of Registrar Service.
 
A definition of “commercially reasonable efforts” is required here. With 
Registrars all over the world with different financial power this may create a 
risk for smaller Registrars.
 
3.15 […]
 
This point references to “applicable law”, but it is unclear which “applicable 
law”. With Registrars all over the world with different jurisdiction this may 
create risks for them.
 
3.18.1 Registrar shall maintain an abuse contact to receive reports of abuse 
involving Registered Names sponsored by Registrar, including reports of Illegal 
Activity. Registrar shall publish an email address to receive such reports on 
the home page of Registrar’s website (or in another standardized place that may 
be designed by ICANN from time to time). Registrar shall take reasonable and 
prompt steps to investigate and respond appropriately to any reports of abuse.
 
To publish an email address on a Registrar’s website will only lead to Spam and 
customers who are requesting for standard support. To screen incoming emails in 
appropriately time is not possible if this email address is over spammed.
 
In regards to 3.18.2 a definition of appropriately is need here. In 3.18.2 it 
says within 24 hours in 3.18.1 it says appropriately. Even if we diver between 
an abuse contact for LEA and everyone else, this point should be clearer.
 
WHOIS Accuracy Program Specification
 
e. Validate that all postal address fields are consistent across fields (for 
example: street exists in city, city exists in state/province, city matches 
postal code) where such information is made available to Registrars.
 
A definition of “made available” is needed here. With Registrants all over the 
world, it seems near impossible to validate all the fields. First of all, there 
are sites on this world, where new streets are constantly built, so there is 
high chance that these data are not up-to-date. Secondly, Registrars will 
probably have to buy such services, because they will not provide a service by 
their own. It is unclear if one service provider is even capable to provide 
this service for all countries. Therefore this may create a financial risk to 
Registrars.

Kind regards

Tobias Sattler
Chief Information Officer

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Phone: +49 8151 36867-0
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