RE: [gnso-dow123] NCUC Procedural Proposal - recirculated

["Steve Metalitz" <metalitz@xxxxxxxxxxxxx>]

Bruce, 

On what basis can "registrars offer domain names for free," in light of
the following provision of the RAA: 

3.7.4 Registrar shall not activate any Registered Name unless and until
it is satisfied that it has received a reasonable assurance of payment
of its registration fee.

Steve  

-----Original Message-----
From: owner-gnso-dow123@xxxxxxxxx [mailto:owner-gnso-dow123@xxxxxxxxx]
On Behalf Of Bruce Tonkin
Sent: Thursday, April 27, 2006 1:57 AM
To: gnso-dow123@xxxxxxxxxxxxxx
Subject: RE: [gnso-dow123] NCUC Procedural Proposal - recirculated 

Hello Kathy,
 
As discussed during the last GNSO Council meeting, the WHOIS task force
does not have as part of its terms of reference a change to the data
being collected.  The WHOIS task force is tasked with considering what
data collected should be available for public access, in the context of
the purpose of WHOIS.    The WHOIS task force work specifically
addresses the current clause 3.3 "Public Access to Data on Registered
Names" of the Registrar Accreditation Agreement (RAA) (see
http://www.icann.org/registrars/ra-agreement-17may01.htm#3.)

While work on considering the data collected may also be a useful area
of policy development, this would require a separate PDP under the
GNSO's processes.  For information, registrars are required to retain
certain information (clause 3.4 "Retention of Registered Name Holder and
Registration Data."), and are also required under clause 3.7 "Business
Dealings, Including with Registered Name Holders." to provide
information on the purpose for which data is collected:

"Registrar shall provide notice to each new or renewed Registered Name
Holder stating:

- The purposes for which any Personal Data collected from the applicant
are intended;

- The intended recipients or categories of recipients of the data
(including the Registry Operator and others who will receive the data
from Registry Operator);

- Which data are obligatory and which data, if any, are voluntary; and

- How the Registered Name Holder or data subject can access and, if
necessary, rectify the data held about them."




Note that the purposes that data is collected may vary by registrar, and
registrants should check those purposes.  For example some registrars
may offer domain names for free, but in return provide the personal
information to marketing companies etc.

Regards,
Bruce Tonkin
Chair, GNSO.