FW: [nc-whois] Revised Draft on Bulk Access

[Steve Metalitz <metalitz@iipa.com>]

I think Karen's draft moves us much nearer the finish line!  Here are a few
suggested edits.

On initial recommendation #3, there is no enforcement now, so recommending
"forbearance" sounds a bit silly.  Perhaps we should accentuate the positive
by urging that the new, improved bulk access rules be enforceable and
enforced.  

I am a bit uncomfortable with describing the discussion on legitimate uses
as "uses v. registrants' interests."  In some cases registrants may have a
strong interest in preserving legitimate uses.  So I have suggested some
revisions in the paragraph that discusses this.  

As we discussed on the call, it is very difficult to defend a blanket
statement that when applicable national laws conflict with RA provisions,
the RAA provisions must give way and the contracting party is excused from
obeying them.  Very often this will be true but there are some national laws
that may simply be inconsistent with carrying out the functions of e.g., a
registrar or registry.  So I propose to eliminate two sentences that may
convey the impression that we think there is an ironclad rule. 

Use of bulk access data in marketing activities should be prohibited
generally, not just in marketing activities that are carried out by the
"third party" within the meaning of 3.3.6.3 (i.e., the licensee of bulk
access).   Note that the current provision refers to "mass, unsolicited"
activites.  Should these adjectives be retained?  

My earlier post gave my view on the proposed changes to 3.3.6.5 is
contained.  Since there seems to be some disagreement on what are
"value-added products or services", it may make sense to ask that this be
clarified in future revisions of the agreement.  

Most of the rest of the suggested changes are editorial or for
clarification.  I'd welcome your reaction.  Thanks again Karen for your work
in encapsulating the discussion from yestgerday's call.

Steve Metalitz

   
   

  

-----Original Message-----
From: Karen Elizaga [mailto:karen@elizaga.name]
Sent: Thursday, November 21, 2002 8:11 AM
To: nc-whois@dnso.org
Cc: Francis Coleman
Subject: [nc-whois] Revised Draft on Bulk Access


Fellow TF Members,

Attached please find a revised draft relating to bulk access and marketing -
the result of our conversation yesterday afternoon.  Again, in the interest
of time, I have not vetted this draft by WG4 and instead present it to the
TF for collective comments.

I have tried to incorporate the comments as I understood them yesterday.  To
the extent that any of you disagrees, please let me know.  Also, there are
two open points:

1.	Regarding 3.3.6.3, I have presented an "including but not limited
to" list of marketing media.  Please add any items that you think are
relevant to this list.

2.	In reading through 3.3.6.5, it occurred to me that this provision
relates, without stating outright, to the marketing of value-added
products/services.  Because we have agreed, and there seems to be consensus
in the community, on the concept that marketing should not be a "legitimate"
use of bulk access WHOIS, the concept of value-added products/services
seemed incongruous.  I have made changes accordingly, but again, since we
did not specifically discuss this yesterday, I welcome your comments.

Regards.
KE

 <<WG 4 Revised 201102 PM.doc>> 

Karen Elizaga
Vice President - Policy
Global Name Registry
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London WC1V 6QA UK
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Mob:  +44 (0)7740 871-698
Fax:  +44 (0)20 7242-9105
Email:  karen@elizaga.name  
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WG 4 Revised 201102 PM.doc