Re: [dow2tf] Topics to discuss

[KathrynKL@xxxxxxx]

Jordyn:
I support the idea of concrete proposals!  Below please find the 5 concrete 
proposals NCUC submitted with its Statement.  Let me add the additional 
proposal that I made on the phone on our last call:

                To faciliate communication between DN registrants and those 
                with good reasons for contacting them, we should make 
registrant name             and email  address available (with promises of no 
marketing use) to           those demonstrating need. 

>From NCUC Statement:
1)  Remove from the WHOIS database/directory those data elements that 
identify the registrant directly, namely:  Registrant and Administrative Contact 
(which for small organizations, families, individuals, and many others, is the 
same as the registrant).    

    2)  Remove from the Registrar Accreditation Agreement requirements that 
Registrars must collect registrant and administrative contact data, including 
name, address, phone and email.  (Accordingly, ICANN must revise and eliminate 
sections of the Registrar Accreditation Agreement (RAA), including 3.7.7.1 
which requires collection by Registrars of "accurate and reliable contact details 
and promptly correct and update them during the term of the Registered Name 
registration, including: the full name, postal address, e-mail address, voice 
telephone number, and fax number if available of the Registered Name Holder." )

    3)  Remove from the Registrar Accreditation Agreement requirements that 
Registrars must publish registrant and administrative contact data, including 
name, address, phone and email.  (Accordingly, ICANN must revise and eliminate 
sections of the RAA, including Section 3.3 "Public Access to Data on 
Registered Names" which requires publication by Registrars of "an interactive web page 
and a port 43 Whois service providing free public query-based access to 
up-to-date (i.e., updated at least daily) data concerning all active Registered 
Names sponsored by Registrar for each TLD in which it is accredited," including 
the registrant and administrative contact fields.)

    4)  Remove from the Registrar Accreditation Agreement requirements that 
Registrars serving as proxies, and thereby providing privacy for domain name 
registrants, must disclose the registrant and administrative contact data for 
reasons falling far short of legal due process (e.g., threats against the 
registrant or to the registry or registrar) or the registrars will be deemed to 
assume liability for the speech and expression of the registrant using the domain 
name.  (Accordingly, ICANN must revise and eliminate sections of the RAA, 
including 3.7.7.3, which requires registrars acting as proxies to "accept 
liability for harm caused by wrongful use of the Registered Name, unless it promptly 
discloses the identity of the licensee to a party providing the Registered Name 
Holder reasonable evidence of actionable harm.")

5)  Limit operation of the WHOIS database/directory to the bounds of ICANN's 
technical mandate.  Accordingly, the NCUC sets out the following new WHOIS 
database/directory listing of selected existing and new fields:  technical 
contact, registry [new field], registrar [new field], name servers of the 
registrant, creation and expiration date of the domain name.  

Kathy