Comments on the proposed RAA amendments from ISOC-AU
The Internet Society of Australia (ISOC-AU) welcomes this opportunity to provide comments on the ICANN’s proposed amendments to the Registrar Accreditation Agreement. ISOC-AU is a non-profit society founded in 1996 which promotes the Internet development in Australia for the whole community – private, academic and business users: the Internet is for everyone! ISOC-AU is a chapter of the worldwide Internet Society and is a peak body organisation, representing the interests of Internet users in this country. We have a longstanding and ongoing commitment to the effective representation of these interests in regulatory and self- regulatory processes in the telecommunications, domain name and Internet-related services industries. ISOC-AU broadly supports the proposed amendments. Our additional comments are as follows: Clause 2.1: ICANN powersICANN powers: ISOC-AU supports giving ICANN the power to suspend a Registrar’s ability to create new Registered Names or initiate inbound transfers of Registered Names for being ‘repeatedly and willfully’ in ‘fundamental and material breach’ of this agreement at least 3 times within any 12 month period, and has not rectified the breaches with a prescribed period. We suggest, however, that if a Registrar is ‘repeatedly and willfully’ in breach of the agreement, ICANN should not wait for 12 months to take action against the Registrar. If ICANN does find a Registrar is wilfully committing a breach of the Agreement that is serious enough to be labelled as a ‘fundamental and material’ breach, ICANN should be able to issue a formal warning to the offending Registrar and, if the Registrar does not cease breaching the Act with a short space of time (suggested maximum would be one month) to take action as proposed in this Clause. Clause 3.7.1 Code of Conduct for RegistrarsThis clause suggests that a Code of Conduct might be developed for Registrars. We would strongly support the development of such Code, and that it be developed through ICANN’s open consultation processes. Section 3.12 Obligations of Third Party-ResellersWe strongly support these clauses that put new obligations both on Registrars and their resellers. We are concerned, however, that if a Registrar becomes aware that a Reseller is in breach of any of their new obligations under the Agreement, all that is required is that the Registrar notify the reseller of the Registrar’s right to terminate the agreement. 3.13 & 3.14 Registrar Training and AuditsWe also support both Registrar training and audits. We also strongly support that, as much as possible, the results of those audits are made public. Kind regards Holly Raiche Executive Director, Internet Society of Australia (ISOC-AU) ed@xxxxxxxxxxxxxx Mob: 0412 688 544 Ph: (02) 9436 2149 The Internet is For Everyone |