RE: [dow1-2tf] Moving forward on "conspicuous notice"?

["David W. Maher" <dmaher@xxxxxxx>]

Another try at moving forward:

Objective: Increase registrant awareness of WHOIS.

        Success Metric: Significant increase of registrant awareness of WHOIS.

        Recommendation:

        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. 3.7.7.5 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")
David