[NCSG-Discuss] Draft Registrant Rights & Responsibilities

[joy]

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Thanks Robin - I think calling these "rights" is somewhat misleading-
they are a small set consumer related contractual rights ... and not
particularly strong ones at that. The concept of "registrants rights"
and "responsibilities" in relation to domain names are referred to in
a variety of RFCs (eg 1591) - might be worth considering whether any
of these are relevant
So far as human rights obligations go (due process, privacy, freedom
of association, non-discrimination and so on) - I'm not entirely sure
about relegating these to contractual terms and conditions since my
understanding is that these are obligations which pertain regardless
of private contract via ICANN. I wouldn't want to see these somehow
curtailed or read down by only partial reference or inclusion (as I
have seen happen in other non-ICANN contractual contexts).
Has there been any previous work in NCSG around "registrants rights"
that might help?
Cheers
Joy



On 6/03/2013 9:21 a.m., Robin Gross wrote:
> Below is a draft of what is said to be a near-final version of a
> 'domain name registrant's rights and responsibilities' (according
> to ICANN staff).
> 
> Unfortunately it doesn't include rights like due process of law
> and gives short shrift to registrants' privacy rights.  It might
> be worthwhile to draft our own version of registrant rights and 
> responsibilities or an official comment on the deficits in the 
> staff-drafted version.  It would be great if we could encourage
> staff to come up with a final version that describes the fuller
> range of rights available to registrants.
> 
> Best, Robin
> 
> 
> http://domainincite.com/12025-icann-to-reveal-registrant-rights-responsibilities-and-heres-a-draft-copy
>
>  Registrants’ Rights and Responsibilities
> 
> Domain Name Registrants’ Rights:
> 
> 1. Your domain name registration and any privacy services you may 
> use in conjunction with it must be subject to a Registration
> Agreement with an ICANN Accredited Registrar. * You are entitled to
> review this Registration Agreement at any time, and download a copy
> for your records. 2. You are entitled to accurate and accessible
> information about: * The identity of your ICANN Accredited
> Registrar; * The identity of any privacy service provider
> affiliated with your Registrar; * Your Registrar’s terms and
> conditions, including pricing information, applicable to domain
> name registrations; * The terms and conditions, including pricing
> information, applicable to any privacy services offered by your
> Registrar; * The customer support services offered by your
> Registrar and the privacy services provider, and how to access
> them; * How to raise concerns and resolve disputes with your 
> Registrar and any privacy services offered by them; and *
> Instructions that explain your Registrar’s processes for 
> registering, managing, transferring, renewing, and restoring your
> domain name registrations, including through any privacy services
> made available by your Registrar. 3. You shall not be subject to
> false advertising or deceptive practices by your Registrar or
> though any privacy services made available by your Registrar. This
> includes deceptive notices, hidden fees, and any practices that are
> illegal under the consumer protection law of your residence.
> 
> Domain Name Registrants’ Responsibilities:
> 
> 1. You must comply with the terms and conditions posted by your 
> Registrar, including applicable policies from your Registrar, the 
> Registry and ICANN. 2. You must review your Registrar’s current
> Registration Agreement, along with any updates. 3. You will assume
> sole responsibility for the registration and use of your domain
> name. 4. You must provide accurate information for publication in 
> directories such as WHOIS, and promptly update this to reflect any
> changes. 5. You must respond to inquiries from your Registrar
> within fifteen (15) days, and keep your Registrar account data
> current. If you choose to have your domain name registration renew
> automatically, you must also keep your payment information
> current.
> 
> 
> 
> 
> IP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San
> Francisco, CA  94117  USA p: +1-415-553-6261    f: +1-415-462-6451 
> w: http://www.ipjustice.org     e: robin at ipjustice.org
> 
> 
> 
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