[registrars] Motion before the Constituency
Dear Members:After considerable discussion and amendments, the motion on the Whois Task Forces 1 and 2 are ready for final discussion.
A copy in .rtf format is attached. Another is appended to this Email. Respectfully submitted, Secretary, Registrars Constituency 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, the requirements in Recommendation #3 already are mandated in the current Registrar Accreditation Agreement in sub-sections 220.127.116.11, 18.104.22.168, and 22.214.171.124; 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.