I agree with Bret's comments and would be able to make a
conference call this week to discuss further.
Jane
-----Original Message-----
From: Bret
Fausett [mailto:fausett@lextext.com]
Sent: 13 April 2003 18:41
To:
nc-deletes@dnso.org
Cc: Jordyn A. Buchanan; Louis
Touton; Dan Halloran; 'Dr Eberhard W. Lisse'; Gomes, Chuck
Subject: Re: [nc-deletes] FW: [council] Concerns Regarding Report of
DeletesTask Force
Gomes, Chuck wrote:
> If reasonable
and limited flexibility is not build into the policy...
Remember though that the uniform rule was suggested by the
task force in order to stop what was believed to be an abusive/unfair
registrar practice. The question is how to provide limited flexibility for a
registrar without
(a) reopening the possibility of abuse; and/or (b) saddling
ICANN Staff with an ambiguous or impossible to administer enforcement
burden.
While I'm still reviewing the Staff report, I think the Staff
recommendations can be easily reconciled with our report in at least three
places.
First, I don't believe it was our intent to require a register
to delete a domain name when the name was the subject of an administrative or
legal proceeding and/or when the deletion would be in violation of law or an
applicable court order. I think we can add language to make that clear, and
such a carve-out would be relatively easy for ICANN to enforce.
Second, I also don't believe it was our intention to preclude
a registrar from offering domain name registrations for free. Our real point
was that a registrant should affirmatively indicate an intent to renew the
registration beyond the previously agreed term. Most often, that intent is
expressed by payment for a new term, but I see no reason why a registrar
couldn't offer the renewal for free so long as the registrant takes some
positive step to express agreement with that course of action. Rephrasing some
of the paragraphs to replace payment-related words and phrases with things
like "affirmative intention to renew" might solve this problem.
Finally, I don't believe we had intended to bind a registrar
to the deletion policy it had posted on its web site for the entire term of
its registrations. My assumption is that we simply wanted registrars to post
their then current deletion policy, with an acknowledgment that such a policy
might be updated or revised in the future. We can easily clarify
that.
Those are three clarifications that I think are consistent
with our original thinking and that a quick and non-controversial re-draft
could probably resolve.
Perhaps we should schedule a quick conference call in advance
of the NC meeting to discuss the Staff report.
-- Bret
P.S. I've trimmed the cc:s. If you think this message should
go to a broader group though, feel free to forward it as you think
appropriate.
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