Re: [gnso-rap-dt] revised WHOIS note

[George Kirikos <icann+rap@xxxxxxxx>]

Hello,

On Tue, Jul 21, 2009 at 1:15 PM, Mike Rodenbaugh wrote:

> I am generally in agreement, with one significant caveat.  Abuse of WHOIS
> proxy services is something this group should look at, particularly when
> registrars are providing the service and do not divulge underlying WHOIS
> info upon reasonable evidence of abuse, as clearly required by the RAA.
> This issue is not examined by any other WG, and fits nicely into the work
> this WG is doing, without likelihood of falling into the broader WHOIS
> rathole around accuracy and access, since that WHOIS info is technically
> accurate and is accessible.

I believe this is a contractual enforcement issue, not a policy issue.
In particular, the relevant section of the RAA (3.7.7.3) is:

http://www.icann.org/en/registrars/ra-agreement-21may09-en.htm#3

"A Registered Name Holder licensing use of a Registered Name according
to this provision shall accept liability for harm caused by wrongful
use of the Registered Name, unless it promptly discloses the current
contact information provided by the licensee and the identity of the
licensee to a party providing the Registered Name Holder reasonable
evidence of actionable harm."

In other words, the registrar has a "safe harbour" to provide the
underlying registrant data. If they do not provide that data, the
registrar itself (assuming they are the "Registered Name Holder" -- it
could be a 3rd party proxy company) assumes all liability themselves.

Thus, there's no real issue here. Someone is responsible, either the
actual "Registered Name Holder" (the proxy service) or the underlying
(hidden) registrant. Whether or not the "Registered Name Holder"
utilizes the "safe harbour" is immaterial -- it just determines who
gets sued.

Sincerely,

George Kirikos
http://www.leap.com/