ICANN/DNSO
DNSO Mailling lists archives

[nc-whois]


<<< Chronological Index >>>    <<< Thread Index >>>

[nc-whois] today's WHOIS call


Team:
I will unfortunately not be able to participate in today's WHOIS call -- i will hook up with Karen, as well as with Marilyn to get up-to-speed on what I may have missed.
 
One of the major sticking points in the drafts seems to be in the area of our proposed 3-strike sanctions policy.  Some of the folks among registrars, resellers and registries have expressed certain concerns about the policy, as it currently exists, to me.  I have paraphrased these, for us to ruminate over :
 
1. The amount of the penalty is so high ($1000 US) that it is so punitive that many registrars will spend all their time simply trying to fix WHOIS information, or find ways to avoid being fined.  For a small, lower-margin registrar, $1000 per violation amounts to having to sell 100 domain years to make the money back.
2. The method of "validating" that a registrar is undertaking "necessary and sufficient" corrective action is undefined.  Leaving such a critical element undefined makes this policy DOA
3. The thinking behind the graduated sanctions, while it may be a laudable goal, needs to be further refined, so that it can actually be enforceable.  As currently proposed, the policy may not have enough in it to withstand any legal challenge
4. The policy, as currently defined, is supposed to affect thick registries also.  this works on the assumption that the thick registries are responsible for the WHOIS data of the registrant.  In reality, the registrar still remains the only party who has a contractual obligation with both the registrant and the registry, and therefore, the registrar remains the only party to be affected by any 3-strike policy.
5. Registries, as non-contracting parties, in general are not supposed to contact registrants directly for any solicitations ... does the WHOIS TF recommend a change in this policy, allowing registries to directly contact registrants of domain names?  Unless this policy is modified, registries need to be left out of the 3-strikes sanctions.
6. While registries may be capable of administering such a policy, there will inevitably be costs associated with such work, which the TF needs to also make a recommendation on.  Work requested needs to be associated with how it will be paid for.
 
Finally, I have heard some skepticism that ICANN does not have the staffing (or the teeth) to enforce new policies.
 
Best Regards,
Ram
--------------------------------------------------------
Ram Mohan
Vice President, Business Operations
Afilias.INFO
p: +1-215-706-5700; f: +1-215-706-5701
e: rmohan@afilias.info
--------------------------------------------------------


<<< Chronological Index >>>    <<< Thread Index >>>