Proposed Final 2013 RAA - Comments

[Jeremy Muras <jlcmuras@xxxxxxxxxxx>]

Dear Sirs,


I refer to Paragraph 3.7.7.2 which reads as follows:


“A Registered Domain
Name Holder’s willful provision of inaccurate or unreliable information, its
willful failure to update information provided to the Registrar within seven
(7) days of any change, or its failure to respond for over fifteen (15) days to
inquiries by the Registrar concerning the accuracy of contact details
associated with the Registered Name Holder’s registration can constitute a
material breach of the Registered Name Holder-registrar contract and be a basis
for suspension and/or cancellation of the Registered Name registration.”


My query concerns the wording a Registered Domain Name Holder’s
willful provision of inaccurate or unreliable information…” is a material
breach of the agreement and is a basis for suspension/cancellation of the
domain. The word “willful” does imply a subjective test (in the absence of
other information) which alludes to the state of mind or intention of a 
particular
domain name registrant.


However, I believe a more objective test i.e. according to
the standards of a reasonable “domain name holder” may be more appropriate as 
registrars
may choose not to apply or enforce this provision as it stands on the on the 
grounds that
they can never know the state of mind of a particular domain name registrant at
the time of registration.


Yours faithfully,


Jeremy Muras