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RE: [registrars] Use of proxies for WHOIS entries and impact on transfer policy
Mike,
Thanks. We are not looking to offer the service at this time.
We have already been approached by many customers regarding it (proxy), and they
were asking if it violated ICANN agreements.
Tom
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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