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

[Ross Rader <ross@xxxxxxxxxx>]

This seems to be a bit of a red-herring, but to answer the question, the 
RAA does not specify whom payment must be secured from. In other words, 
if the registrar or another party is willing to act as a guarantor for 
the fees, then it is perfectly reasonable for them to offer names to the 
public on a no-cost basis. This practice has been in consistent use 
since early 2000.

Steve Metalitz wrote:
> 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.


Regards,

--

                       -rr








                "Don't be too timid and squeamish about your actions.
                                           All life is an experiment.
                            The more experiments you make the better."
                        - Ralph Waldo Emerson


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