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 Re: [gnso-pednr-dt] Additional proposed recommendations
To: "Michele Neylon :: Blacknight" <michele@xxxxxxxxxxxxx>,        PEDNR <gnso-pednr-dt@xxxxxxxxx>Subject: Re: [gnso-pednr-dt] Additional proposed recommendationsFrom: Alan Greenberg <alan.greenberg@xxxxxxxxx>Date: Fri, 12 Nov 2010 12:11:07 -0500 
 
Michele, perhaps this is a new direction in 
policy, although I suspect there are other 
examples if we look for them. Regardless, the 
concept of "exceptions" was to address the 
regular comments from registrars that 
"one-size-fits-all" solutions will generate real 
operational and business problems. 
As a simple example, consider the case of the 
Brazilian registrar that didn't want to 
darken/redirect traffic soon after expiration. He 
said they would ultimately do that if other means 
of waking up the registrant did not work, but 
first they wanted to be able to take those other 
means. So we are certainly not going to mandate 
by policy that you every registrar smakes phone 
calls or sends registered letters to alert the 
registrant, but if someone wants to do that 
instead of darkening/redirecting the domain, the 
exception process will allow them to do that. It 
would not give them an exception from the intent 
of the policy, but from the particular 
implementation prescribed as the default. A 
completely impractical and unwieldy alternative 
would be for the policy to list 10 (or whatever) 
different method of achieving the end. But no one 
wants to do that, nor would it be effective. 
Alan
At 12/11/2010 08:50 AM, Michele Neylon :: Blacknight wrote:
 
Alan
Your email confused me
Either you are advocating a policy change or you aren't.
The "exceptions allowed" concept seems to break that badly
With respect to the specific items you 
mentioned, I'm sure others will have comments of 
their own, so I'll just limit myself to the ones that I have clear reactions to 
To start with this entire PDP has been run on 
the basis of there being a problem, however 
there is little or no factual evidence of there being one. 
Any "cases" that people seem to be able to find 
to point to are related to registrants not 
paying for renewals  (either intentionally or otherwise) 
In the IRTP WG, for example, we were able to 
work with actual data from ICANN's compliance 
team who had collated a spreadsheet itemising 
and classifying actual complaints submitted by the public 
On 9 Nov 2010, at 15:34, Alan Greenberg wrote:
>
> To the possible list of recommendations, I 
would like to add the following. Although I 
have consulted with a number of people on this, 
and have general support, I am submitting this 
on my own behalf (and clearly not wearing the Chair hat). 
>
> These recommendations are all in line with 
the non-registrar WG survey results and also 
with the outcomes of the user survey. 
>
> With one exception to be noted, based on the 
results of the registrar survey we did at the 
start of the PDP, the recommendations should 
not require significant changes in business 
processes or massive changes to their 
procedures (at least as far as I understand). 
Some of these replicate (perhaps with an added 
twist) what was in the proposal tabled by 
James. It does introduce a new ICANN process. 
>
> Consensus Policies - Registrars
>
> =     Registrar must allow recovery of domain 
name by the registrant of record prior to 
expiration (RAE) for at least a period of 
thirty (30) days after expiration or until the 
name is deleted, whichever comes first. 
<Rationale: Before the registrars started 
transferring and auctioning domains at 
expiration, all registrants had a 30-75 day 
period within which to recover. Typically it was 60. 
I'm not sure that's factually correct
If it is please provide links to tangible data
> This WG has decided not to question their 
right to do this (which does earn a lot of 
money for some), but that is no reason to 
reduce the time that a registrant has to 
recover. That is where the 30 came from, since 
it was the absolute minimum before. And that 
required deleting the name on day 1 of 
expiration, a practice that few registrars had. 
Note that this version of the guaranteed period 
does NOT place restrictions on Registrars about 
when they may begin a sale/auction, but does 
restrict when they can finalize it. This is in 
line with the current practices described by 
registrars under which I believe all registrars 
surveyed gave registrants at least 30 days to recover.> 
>
> =     Registrar must send at least two 
renewal notifications alerting the registrant 
to the upcoming expiration. [Exceptions allowed 
- see below] <As per James' proposal but allowing exceptions.> 
Rejected.
Either everyone does it or nobody does it.
You can't expect it to be a policy for some and not for others
>
> =     If only two renewal notifications are 
sent, one must be sent one month prior to 
expiration (±4 days) and one must be sent one 
week prior to expiration (±3 days). If more 
that two alert notifications are sent, the 
timing of two of them must be comparable to the 
timings specified. [Exceptions allowed] 
>
> =     At least one notification must be sent 
to the registrant after expiration. {The timing 
to be specified.} [Exceptions allowed] 
>
> =     If notifications are normally sent to a 
point of contact using the domain in question, 
and delivery had been interrupted by 
post-expiration actions, post-expiration 
notifications must be sent to some other 
contact point associated with the registrant if one exists. 
We have no way of knowing this until we send the 
notification and we probably can't really do anything about it anyway .. 
>
> =     Notifications must include "push" 
methods in addition to any "pull" methods - not 
solely be via methods that require logging into 
the registrar's system to retrieve them (ie the 
Registrar's Domain Management Panel). 
Redundant. You already specified that notifications be "sent"
>
> =     The registration agreement and 
registrar web site (if one is used) must 
clearly indicate what methods will be used to 
deliver pre- and post-expiration notifications. 
Disagree
The key thing is that we send them in a "sane" 
manner. Forcing us to specify exactly how could have secondary consequences 
>
> =     Web site or sites reached via the 
domain name must not longer be reachable 
through the use of the domain name within 3-5 
days after expiration. [Exceptions allowed] 
<Note that this and the next item alter the 
intent of the Autorenew Grace Period, but it is 
exactly what most Registrars do today, and 
there seems to be widespread belief that this 
is the only relatively fail-safe method of 
catching the RAE's attention. The exception 
process will allow Registrars with other 
business models and other notification methods 
to carry on their businesses without change.> 
>
> =     All non-web services must cease to 
function within 3-5 days after expiration. [Exceptions allowed] 
>
> =     If registrar allows any web access to 
the domain name after the "disable" date, the 
page shown must explicitly say that the domain 
has expired and give instructions to the RAE on how to recover the domain. 
>
> =     The price charged for post-expiration 
recovery must be explicitly stated in the 
registration agreement or on the Registrar's 
web site (if any). This price must also be 
provided to the RAE at registration time 
That  is not practically possible.
If you register a domain today for 10 years 
there is no way that the registrar can know what 
the registry is going to be charging them to 
renew the domain in 10 years time. It is wholly 
unreasonable, impractical and impossible to 
expect registrars to be locked into providing 
pricing at day 0 that is valid at day 3650 
Unless of course you want us all to start 
charging say $10k / year for a .com ? 
> and when pre-and post-expiration renewal 
notices are provided. <Rationale: This is 
comparable to the current requirement regarding RGP redemption pricing.> 
No it isn't
>
> =     Modify WHOIS to clearly indicate 
whether a domain has been renewed from a 
registrant:registrar point of view. 
Specifically, it should clearly identify a 
domain in the Auto Renew Grace Period which has 
not been explicitly renewed by the registrant 
<This proposal is the one that would require 
significant effort on behalf of all registrars 
and registries. If adopted, it would require 
significant phase-in time which should not 
impact the schedule of the other items.> 
While I'd personally love to see this at some 
point, it's probably best left to a more comprehensive review of WHOIS. 
I can't see this being supported by registries or registrars
>
> =     In the event that ICANN gives 
reasonable notice to Registrar that ICANN has 
published web content providing educational 
materials with respect to registrant 
responsibilities and the gTLD domain 
life-cycle, and such content is developed in 
consultation with Registrars, Registrars who 
have a web presence must point to it. [Exceptions allowed] 
Again with the exceptions
Either we all have to do something or we don't
The alternative is that you admit that we're all 
adults and are capable of adopting "best practices" .. 
>
> =     All Registrars must offer the RGP for 
gTLDs where the Registry offers it. 
>
> =     All RAA provisions applicable to 
Registrars dealing with registrar-registrant 
interactions must be carried out by either the 
registrar or, at their option, by a reseller. 
In the latter case, Registrars are still responsible for any breaches. 
We already are under the 2009 RAA
>
>
> Registrar Exceptions
>
> For all provisions where Exceptions are 
allowed, the Registrar may submit a request to 
ICANN to substitute some other mechanism 
instead of the one(s) specified, and must 
demonstrate how this alternative mechanism will 
provide at least the same protection while 
better fitting to the Registrar's business 
model or services. Such requests will be 
reviewed by an impartial panel (similar to that 
provided with the Registry RSTEP process, or 
perhaps even the same panel) and shall be acted 
upon in a timely manner by ICANN. 
No.
>
>
> Consensus Policy - Registries
>
> =     All unsponsored gTLD Registries shall 
offer the RGP. For currently existing gTLDs 
that do not currently offer the RGP, a 
transition period shall be allowed. All new 
gTLDs must offer the RGP. There could be an 
automatic exemption for TLDs that do not sell 
domains at all (what has been referred to in the VI group as SRSU). 
>
> =     Modify WHOIS to clearly indicate 
whether a domain has been renewed from a 
registrant:registrar point of view. <With caveat as noted above.> 
>
>
> Registrar Best Practices
>
> This could perhaps be implemented in one of two ways.
>
> a. The Registrar community can develop these 
Best Practices including some methodology which 
will give registrars an incentive to implement them if applicable.  or 
Why would we give ourselves incentives?
Sorry - I don't follow that
>
> b. ICANN can develop these Best Practices and 
provide a financial incentive to registrars who follow them. 
>
> These are not meant to be verbatim Best 
Practices but will serve as a basis for their full development. 
>
> =     Issue a warning if contact addresses 
use the domain being registered / renewed / updated. 
Technically difficult if not impossible to implement
>
> =     Expiration-related provisions of 
registration agreement clear and understandable 
by a non-lawyer, non-domain-professional. 
>
> =     Provide notification of impact of not 
having sufficient accurate contact information 
at time of registration, renewal, 
ICANN-mandated Whois update notice. Require 
positive acknowledgement if via web. 
And if they don't acknowledge it what then?
>
> =     Request at least two different modes of 
contact information (example: e-mail and SMS) 
with explanation why two are needed. 
Technically problematic and impossible to 
implement across all registrars and other channels 
>
>
> Other issues to consider:
>
> =     Renaming the Autorenew Grace Period to 
make it clear that it is not the Automatic 
Renewal option offered by some Registrars to registrants. 
>
>
Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Brand Protection
ICANN Accredited Registrar
http://www.blacknight.com/
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