Question 7: Registrars

[Wendy Seltzer]

On 10/05/2011 10:58 AM, Debra Hughes wrote:
> Registrars are the gateway for registrants to acquire domain names, thus
> their role is critical to registrants and Internet users.  I support
> ensuring that registrars comply with the RAA and that ICANN ensures the
> registrars are accountable when they do not comply.  I support regular
> and robust audits by ICANN of accredited registrars to ensure they are
> complying with their RAAs.  I support graduated, yet reasonable
> sanctions for registrar non-compliance.
>
> I think the actual owner of a domain name should be provided if a third
> party can demonstrate that it is being harmed.  I modifying the RAA to
> make it clear that domain name licensors (proxy or private registration
> services) are required to keep accurate and complete contact information
> for it customers - domain name licensees - and that the registrar
> collect and provide a point of contact for the domain name licensee that
> can be provided upon a fair and reasonable showing of actionable harm
> caused by domain name.

Here I think we have a concrete difference of opinion.  I believe that
domain names are not the proper place to do enforcement against
wrongdoing. They are location-pointers to speech, and can be critical
resources in the expression of individuals and non-commercial groups.
Speakers need greater process before their identities are unmasked or
their location-pointer is disabled, than they get under these proposed
changes or even under the current system.  Proxies should be permitted
to offer robust protection of privacy and anonymity, with the possible
option to disable the name (with due legal process) rather than reveal
its registrant.

The RAA is a foundation of registrants' rights and expectations, and we
need to be able to participate, or at least to see, the discussions
about its amendment.

--Wendy

>
> Debbie
> -----------------
> Debra Y. Hughes, Senior Counsel
> American Red Cross
>
>
> -----Original Message-----
> From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of
> Avri Doria
> Sent: Friday, September 30, 2011 3:21 AM
> To: NCSG-DISCUSS at LISTSERV.SYR.EDU
> Subject: [NCSG-Discuss] Question 7: Registrars
>
> As I have not been able to get a conference call scheduled yet, I am
> starting the question process.  I suggest that all candidates answer all
> questions.  I suggest that they feel free to debate among themselves and
> with the members of the NCSG.
>
> Thanks
>
> Avri
>
>
> Question7:  In terms of the RAA, what are you views on modifying that
> that agreement.  How do you view the relationship betwee the Registrars
> and the ICANN Community?
>


--
Wendy Seltzer -- wendy at seltzer.org +1 914-374-0613
Fellow, Yale Law School Information Society Project
Fellow, Berkman Center for Internet & Society at Harvard University
http://wendy.seltzer.org/
https://www.chillingeffects.org/
https://www.torproject.org/
http://www.freedom-to-tinker.com/