[NCSG-Discuss] Draft Registrant Rights & Responsibilities

[Robin Gross]

Thanks, Joy.  I share your concerns about ICANN calling these  
"rights", which really does imply something much broader than what  
they really mean, which perhaps is something like "rights provided by  
the ICANN contracts".  Perhaps ICANN would simply be willing to re- 
title their document to clarify that point since it is misleading and  
creating confusion about the extent of rights a person might have  
with respect their domain name?

Thanks,
Robin


On Mar 5, 2013, at 7:01 PM, joy wrote:

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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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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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