[NCSG-Discuss] Draft Registrant Rights & Responsibilities

Thu Mar 7 16:17:49 CET 2013

Are they asking for public comment on this?

From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Robin Gross
Sent: Wednesday, March 06, 2013 10:23 PM
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: [NCSG-Discuss] Draft Registrant Rights & Responsibilities

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<mailto: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<mailto:robin at ipjustice.org>

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