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

["Steven J. Metalitz IIPA" <metalitz@xxxxxxxx>]

 IPC can accept this although we would like to be on record that the
better success metric is the extent of registrar compliance with this
three points in the recommendation.  

Steve Metalitz

-----Original Message-----
From: owner-dow1-2tf@xxxxxxxxxxxxxx
[mailto:owner-dow1-2tf@xxxxxxxxxxxxxx] On Behalf Of David W. Maher
Sent: Friday, October 15, 2004 9:47 PM
To: dow1-2tf@xxxxxxxxxxxxxx
Subject: 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.

         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