RE: [dow1-2tf] Moving forward on "conspicuous notice"?
Another try at moving forward:
Objective: Increase registrant awareness of WHOIS.
Success Metric: Significant increase of registrant awareness of WHOIS.
1. Registrars must ensure that disclosures regarding availability and third-party access to personal data associated with domain names actually be presented to registrants during the registration process. Linking to an external web page is not sufficient.
2. Registrars must ensure that these disclosures are set aside from other provisions of the registration agreement if they are presented to registrants together with that agreement. Alternatively, registrars may present data access disclosures separate from the registration agreement.
3. Registrars must obtain a separate acknowledgement from registrants that they have read, understood and consented to these disclosures.
(I realize there has been discussion about the term "consent". The term is used in Sec. 18.104.22.168 of the RAA to take advantage of jurisdictions where a registrant can waive rights otherwise available by consenting to the use of the data in question. If we get into the question of the propriety of ICANN doing this, then we are well outside the question of "conspicuous")