Registrar Accreditation Agreement (RAA) Subsection 3.7.7.3 comments by Leap of Faith Financial Services Inc.

[George Kirikos <gkirikos@xxxxxxxxx>]

Registrar Accreditation Agreement (RAA) Subsection 3.7.7.3 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 
days 
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 
time 
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.

Sincerely,

George Kirikos
President
Leap of Faith Financial Services Inc.
http://www.leap.com/