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RE: [registrars] Use of proxies for WHOIS entries and impact on transfer policy
Tom:
It
does not appear to be in violation of the agreements as I read them,
provided that the proxy accepts legal responsibility, i.e. this is not a
legal opinion :-).
In
fact this is the like the arrangement that NameZero and some others have tried.
Although it sounds simple it is not without some legal pitfalls that you should
have your legal counsel review. It is probably best to contact your lawyer to
weight the risks and benefits.
Mike
Correct me
if I am wrong or I have missed a post, but doesn't proxied whois information
violate a number items under "section 3. REGISTRAR OBLIGATIONS" of
the RAA.
Has ICANN
commented on this type of service?
Tom
Why is
anything broken? The proxy would no doubt have this covered with the party
involved. It is between them. As registrars, we deal with the registrant and
admin contact of record, period. If we begin to get concerned with what
other contractual arrangements may or may not exist, we are going get
to bogged down with a bunch of red tape that just isn't
necessary.
This policy should be a set of business rules, not a
mechanism to attempt to steer us into one particular business model or
another. At least that is my HO.
Tim
-------- Original
Message --------
Subject: Re: [registrars] Use of proxies for WHOIS
entries and impact on transfer policy
From: "Ross Wm. Rader"
<ross@tucows.com>
Date: Tue, September 24, 2002 6:00 pm
To:
"Bruce Tonkin" <Bruce.Tonkin@melbourneit.com.au>,
<registrars@dnso.org>
Bruce gets the prize for finding the
first significant loophole in the
policy. :)
You are indeed
correct Bruce. Proxied information breaks this
requirement...
"The
Administrative Contact and the Registrant, as outlined in the
Losing
Registrar's publicly accessible Whois service have the sole
authority to
approve or deny a transfer request to the Gaining
Registrar. In all
cases, the wishes of the Registrant supercede those
of the Administrative
Contact."
This creates a hole large enough to drive a permanent NACK
through...
(these are the relevant definitions from the
doc...)
Contact, Administrative: The administrative contact is an
individual,
role or organization authorized to interact with the registry
or
registrar on behalf of the Domain Holder. The administrative
contact
should be able to answer non-technical questions about the
domain
name's registration and the Domain Holder. In all cases,
the
Administrative Contact is viewed as the authoritative point of
contact
for the domain name, second only to the Domain
Holder.
Domain Holder (Registrant): The individual or organization
that
registers a specific domain name. This individual or
organization
holds the right to use that specific domain name for a
specified
period of time, provided certain conditions are met and
the
registration fees are paid. This person or organization is the
"legal
entity" bound by the terms of the relevant service agreement with
the
registry operator for the TLD in question.
Any proposals as to
how we can best fix this? I will forward
substantive input to the
TF.
Thanks,
-rwr
Got Blog?
http://www.byte.org/blog
"People demand freedom of speech as a
compensation for the freedom of
thought which they seldom use."
-
Soren Kierkegaard
----- Original Message -----
From:
"Bruce Tonkin" <Bruce.Tonkin@melbourneit.com.au>
To:
<registrars@dnso.org>
Sent: Tuesday, September 24, 2002 8:37
PM
Subject: [registrars] Use of proxies for WHOIS entries and impact
on
transfer policy
> Hello All,
>
> I can see
the merits in using proxies to help fight against
> unsolicited
marketing.
>
> However it has the potential to break part of the
proposed transfers
> process.
>
> e.g if a registrar acts
as the admin contact, it would make it
> difficult
for
> a
gaining registrar to confirm the transfer with the
registrant.
>
> In such a situation the registry might need to
maintain centrally a
contact
> for the actual registrant, and
accredited registrars could retrieve
> that contact for the purpose of
a authenticating a transfer request.
>
> Regards,
>
Bruce
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