Study Suggestion Number 24

[study-suggestion-response@xxxxxxxxx]

Submitted By:
[Redacted for privacy reasons]

Topic:
Whether registrars include in their registration agreements the Whois-related 
terms required by the Registrar Accreditation Agreement (RAA).

Hypothesis:
Many registrars are not appropriately obtaining agreement to all of the terms 
required under Section 3.7.7 of the RAA (including without limitation the 
requirement that registrants agree to provide accurate information (3.7.7.1), 
an acknowledgement by registrants that the provision of false information is a 
material breach (3.7.7.2), agreement to the proxy provision and the acceptance 
of liability flowing from use of a proxy (3.7.7.3), consent to the use of 
registrant data (3.7.7.4), etc.), and this hinders the validity of the 
registrarsâ?? use of personal data and the legitimate enforcement of 
intellectual property rights.

How the hypothesis could be falsified:
If it can be shown that all or nearly all registrars are appropriately 
obtaining agreement to all of the terms required under Section 3.7.7 of the 
RAA. 

Utility:
It would identify whether registrars are appropriately complying with the RAA. 
It would also identify whether problems with Whois currently require policy 
changes or better enforcement of existing agreements. It would also act as a 
barometer concerning whether registrars and their affiliates could be relied on 
to enter into required agreements with registrants and enhanced obligations, 
should a more restrictive Whois system such as OPoC be implemented where 
registrars and their affiliates undoubtedly would be required to obtain the 
registrantsâ?? consent to act as the custodian of information and relay 
communications in a much more robust way than in the current Whois regime. 

Type of Study Needed:
This study could be done by obtaining a representative and historical sampling 
of registrarsâ?? terms and conditions to which registrants must agree in order 
to register a domain name.

Data that needs to be collected:
The data collected would include a statistically relevant sampling of 
registrarsâ?? terms and conditions -- covering various gTLDs -- to which 
registrants must agree in order to register a domain name.

Population to be surveyed:
ICANN-accredited registrars.

Sample Size:
We cannot readily determine how to identify a statistically relevant sample.  
This of course could be accomplished by specialized survey personnel.  

Type of Analysis:
Once the data is collected, a statistical analysis could be performed to help 
understand what percentage of sampled registrars is appropriately obtaining 
agreement to all of the terms required under Section 3.7.7 of the RAA.