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

["Bret Fausett" <bfausett@xxxxxxxxxxxxxxxx>]

Many registrars already provide domain names for free as an add on for
hosting services, for example. Others offer the name for free if it
associated with a website, such as a weblog, on which the registrar runs
pay-per-click advertising. 

-----Original Message-----
From: owner-gnso-dow123@xxxxxxxxx [mailto:owner-gnso-dow123@xxxxxxxxx] On
Behalf Of Steve Metalitz
Sent: Thursday, April 27, 2006 6:57 AM
To: Bruce Tonkin; gnso-dow123@xxxxxxxxxxxxxx
Subject: RE: [gnso-dow123] NCUC Procedural Proposal - recirculated 

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.

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