Registrar Accreditation Agreement (RAA) Subsection 126.96.36.199 comments by Leap of Faith Financial Services Inc.
- To: raa-subsection-3773-advisory@xxxxxxxxx
- Subject: Registrar Accreditation Agreement (RAA) Subsection 188.8.131.52 comments by Leap of Faith Financial Services Inc.
- From: George Kirikos <gkirikos@xxxxxxxxx>
- Date: Tue, 6 Jul 2010 09:51:24 -0700 (PDT)
Registrar Accreditation Agreement (RAA) Subsection 184.108.40.206 comments
By: George Kirikos
Company: Leap of Faith Financial Services Inc.
Date: July 6, 2010
With regards to the draft advisory, we disagree with the sentence:
"However, by way of guidance, ICANN notes that any delay over five business
in the Registered Name Holder identifying the licensee would not be "prompt" as
that term is used in the RAA."
The appropriate time period should be left to the discretion and judgement of
the courts. The registered name holder (who might be an ordinary registrant,
i.e. not a registrar or registrar-controlled proxy service) might not have
received proper notice (an email that ends up in a junk folder is insufficient
notice!), so it's unclear at what time the clock should start. If proper notice
is received (using the "actual notice" standard of a legal process server, for
example), 3 weeks measured from the time of actual notice would be a better
period, as this would permit the registered name holder ample time to consult
with their attorneys, etc. Five days is not sufficient time for most attorneys
who have multiple clients, and who take vacations of their own.
We believe the guidance should go further, though, to place liability strictly
upon the registrar in the event that the registrant (or licensee for that
matter) is a fake identity, or doesn't exist. This would be a backdoor way of
introducing Verified WHOIS on a best practices basis, as registrars would
otherwise face explicit liability if they are the registrar for
anonymous/throwaway domains that are used for abusive purposes.
Leap of Faith Financial Services Inc.