RE: [registrars] RE: Call for Constituency statements on Whois tf 1/2 recommendations

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

We would like to propose to the Constituency the following Amended and
Restated Motion as our response to the Task Force Recommendations.  

Thanks.  

Jon

Amended and Restated Motion

Whereas, the GNSO Registrar Constituency ("RC") has considered the
proposed policy recommendations of Whois Task Force 1/2 in their
entirety;

Whereas, the RC believes that the continued stability of the
registration process depends on its simplicity, straightforwardness, and
transparency; 

Whereas, burdening this process with policy and consumer rights
education notices diminishes its simplicity, straightforwardness and
transparency; 

Whereas, the RC believes that prescribing the method of notification
from registrants interferes with the simplicity of this process,
discourages desirable business innovations, and represents entirely new
obligations that would require many registrars to completely
re-establish their method of registration; 

Whereas, the RC appreciates and understands the concerns of the task
force pertaining to Recommendations #2 and #3, but does not agree with
the costly and difficult to implement proposal to require the specific
highlighting of one provision out of the many important provisions
contained within the registration agreement;

Whereas, it is appropriate to notify registrants that their data will be
included in the Whois system and to obtain Registrants' acknowledgement
of the fact that their data is included in the Whois system as part of
the registration process prior to the completion of a registration
transaction; 

Whereas, the requirements in Recommendation #3  already are mandated in
the current Registrar Accreditation Agreement in sub-sections 3.7.7.4,
3.7.7.5, and 3.7.7.6; and

Whereas, no data or evidence has been presented that indicate that the
requirements of the current RAA are unsuitable or ineffective; and
implementing a separate and additional acknowledgement from registrants
as proposed would be a costly and cumbersome process that cannot be
practically implemented in the current environment. 

Therefore, it is resolved that; 

[Resolved 1.0]; the Registrar Constituency does not support adopting
Recommendation #1 as consensus policy, but would support a
recommendation in the following form:

"Registrars must ensure that disclosures regarding availability and
third-party access to personal data associated with domain names
actually be available to registrants during the registration process;"

[Resolved 2.0]; the Registrar Constituency does not support adopting
Recommendation #2 as consensus policy, but encourages registrars to
increase such notification to registrants on a voluntary basis; 

[Resolved 3.0]; the Registrar Constituency does not support adopting
Recommendation #3 as a consensus policy, as it believes that the current
RAA requirements are sufficient, but encourages registrars to increase
such notification to registrants on a voluntary basis;

[Resolved 4.0]; the foregoing positions of the Registrar Constituency be
reported to the Whois Task Force 1/2 and be included in any Task Force
report; and 

[Resolved 4.1]; the Task Force members from the Registrar Constituency
represent the foregoing positions at Task Force 1/2.