[dow3tf] TF3 Draft Recommendations

["Brian Darville" <BDARVILLE@xxxxxxxxx>]

In preparation for next week's call, set forth below is a first crack at two possible recommendations the Task Force might consider. As you can see, upfront verification has been omitted as the Registrar's have indicated they would oppose up front verification. As I mentioned, the IPC might submit a minority position on this point at the appropriate time. 

In addition, I have taken a stab at including some payment for expedited verification, as proposed by the Registrars, but with a reimbursement provision, which seems reasonable (at least to me) given that the registrant, first, and the registrar, second, should bear the cost of correction of false or inaccurate data, particularly in light of their respective contractual obligations. 

It would be helpful if everyone could review this draft and feel free to submit comments to the list before next week's call. 

Here is the draft: 

Draft TF3 Recommendations 

I. Steps to Verify & Correct Inaccuracy in Response to a Complaint 

A. If a registrar receives a complaint about the accuracy of registrant data, whether by the Whois Data Problems Reporting System, or by any other means, that registrar shall take reasonable steps to verify the accuracy of that data by simultaneously contacting the registrant through at least two of the following four methods: 1) email; 2) telephone number; 3) facsimile number; or 3) postal mail. If one method fails, then another method shall be used. If both of the two pursued methods fail (e.g., email bounce-back; telephone or fax disconnected; or a return to sender message), registrar shall place the domain name on hold, allowing registrant 15 days to respond before the domain name is cancelled. If it is apparent that a registrant has willfully provided inaccurate contact data, a registrar may immediately place the domain name on hold without first attempting to contact the registrant. 

B. If a registrant responds to registrar notifications of inaccuracy within the 15 day time limit, providing updated data, registrar shall verify the accuracy of at least two of the following three updated data elements: 1) email; 2) telephone number; or 3) facsimile number. Verification may consist of the registrar using the updated data to effectively contact the registrant, confirming the registrants correction of its contact data. If one element remains inaccurate, registrar shall verify the third element. If both remain inaccurate registrar shall immediately cancel the domain name registration. 

II. Additional Steps to Verify & Correct Inaccuracy in Response to a Complaint 

A. Registrar shall provide any complainant with the option of expedited verification and correction. If this option is chosen, the registrar may charge a fee to be determined by registrar [not to exceed $xx] and shall promptly advise complainant of the completion of each of the following steps: 

1. Registrar uses all of the following methods simultaneously to contact the registrant: 

a. email; 
b. Telephone; 
c. Facsimile; 
d. Postal mail; and 

2. If at least two of the four contact methods fails, registrar immediately places domain name on hold, allowing registrant 15 days to respond before the domain name is cancelled; or 

3. If registrant does respond to inaccuracy notifications, registrar individually verifies the accuracy of the following updated data elements: 
a. email; 
b. Telephone; 
c. Facsimile; and 
d. Postal mail. 

B. A registrant whose domain name was cancelled or placed on hold due to inaccurate data, discovered through this expedited process, must first reimburse the complainants fee, plus a reasonable handling fee, to the registrar before re-activating or re-registering its domain name. The registrar shall promptly reimburse the complainant.