Kleiman Reply Comments on Registrant Rights and 3.7.7.2 Injustices

[Kathy Kleiman <kathy@xxxxxxxxxxxxxxxx>]

    Reply Comments In Support of Real Registrant Rights and  In 
Opposition to RAA's Proposed 3.7.7.2 Which Will Lead to Real Harm and 
Injustice for Registrants
I. Real Registrant Rights and Responsibilities

I support the comments submitted by Robin Gross, Chair of the 
Non-Commercial Stakeholders Group and the "Real Registrant Rights and 
Responsibilities" document she attached. I was pleased to find a draft 
of registrant rights and responsibilities, and the idea is a positive 
step forward -- however, it was drafted without the input of Registrant 
groups within ICANN.
As public comment is the opportunity for public input, I hereby submit 
my support for the "Real Registrant Rights and Responsibility" document 
submitted by Robin Gross
on behalf of NCSG on May 14^th . This document is the result of a robust 
conversation on the NCSG list, and at our meeting in Beijing, and the 
result of significant input and edits of numerous individuals in the 
NCSG (attached).
II. RAA's proposed 3.7.7.2 Will Lead to Real Harm and Injustice for 
Registrants
On a separate and personal note, I raise my deep concern and strong 
objection to the proposed change in RAA 3.7.7.2 that would allow a 
domain name to become null, void and subject to "suspension and/or 
cancellation" /*within 7 days of any change to the domain name 
information -- any change! */
The 2009 RAA requirement was reasonable and required Registrants to 
"promptly" update their information after a change. This proposed change 
to the RAA came out of nowhere, was never discussed with the Registrant 
Communities of ICANN, and will lead to the most unfair of results for 
Registrants.
The proposed 3.7.7.2 allows Domain Name Cancellation _with or without 
any actual harm or problem with the domain name_. Simply because a 
Registrant has not updated her information after moving a home or 
business -- /*and regardless of the accuracy of other contact 
information including email and/or phone*/-- _the Registrar will have 
the option to suspend or even cancel the Domain Name Registration (!)_
The result is blatantly unfair and it is baffling why ICANN would want 
this as a goal. For example, if a parent has registered domain names for 
local charities, sports, political groups and neighborhood functions, 
and then relocates to new physical address and does not think to update 
her physical address (while she/he is registering children for school, 
seeking out the local grocery stories, and finding pediatricians), 
/*then within a mere seven days*/, /*all of her/his domain names are now 
subject to suspension or cancellation under this proposed new section of 
the RAA(!).*/
This "suspension and/or cancellation" may take place, subject to the 
discretion of the Registrar, but allowed under the Proposed 3.7.7.2:
 *

   regardless of ANY notice to the Registrant (or the complete lack
   thereof);

 *

   regardless of ANY OTHER ACCURATE INFORMATION in the Whois database,
   e.g., phone and/or email address of the Registrant; AND

 *

   regardless of any harm OR LACK THEREOF in the registration of the
   domain name.

This makes no sense as a rule or principle of ICANN, and will lead to 
the most ungracious of acts. It will allow small businesses to spy on 
each other and report to Registrars of recent changes of location and 
the need to revoke domain names -- all in an effort to steal valued 
domain names of their business or industry; it will enable Registrars to 
spy on their own customers and cherry-pick domain names from their 
Registrants' accounts based on the mere change of minor information only 
eight days earlier.
Further, Proposed 3.7.7.2 violates the standard set by the Whois Review 
Team which called for, not absolute accuracy of all Whois information, 
but the contactability of the Registrant. (See Recommendation 11 of the 
Data Accuracy Section which advises ICANN to "take appropriate measures 
to reduce the number of WHOIS registrations that fall into the accuracy 
groups Substantial Failure and Full Failure (as defined by the NORC Data 
Accuracy Study, 2009/10)..." -- terms referring to the complete and 
nearly complete inability to reach a registrant at /*any */of 
his/her/its contact information).
This proposed change to the RAA is in no way tied to any requirement of 
the security and stability of the Internet. It is in no way tied to any 
other standard for consumer information updates and corrections. For 
example, I have ability (and notice) to update my personal information 
on credit cards, social networks, bank accounts, etc., and often it is 
the notice from an institution of an error in my data that notifies me 
(and all consumers) of the need to update or correct no-longer-accurate 
information.
Where, as here, there is no notice to the Registrant, and nothing to put 
him/her/it on notice of a violation, this proposed change will lead to 
real problems, significant harm and a sense of deep injustice by 
Registrants against ICANN. Thank you for correcting this proposal -- and 
setting it back to a "prompt" correction of data (with adequate notice 
to the Registrant). Alternatively, this proposal must be tied, in its 
final version, to some type of clear and present harm and violation of 
the domain name registration, plus its inaccurate information, with due 
process for the suspension or cancellation.
Please contact me if you would like to discuss the problems with this 
provision further. Thank you for making the small and reasonable change 
requested in the final 2013 RAA.
Sincerely,
Kathy Kleiman
Co-Founder, Noncommercial Users Constituency

Attachment: Kleiman Comments on Registrant Rights and 3.7.7.2 Injustices.pdf
Description: Adobe PDF document

Attachment: Real Registrants' Rights and Responsibilities.pdf
Description: Adobe PDF document