RE: [registrars] Interesting Legal Development

[Gary Boyd <Gary.Boyd@netbenefit.com>]

The UK has a similar bill, the Distance Selling Regulations (2000). From the
advice that we have been provided, domain names are not covered for the
following main reason.

-  registering a domain name can be classed as providing a service. If
performance has begun with the consumer's agreement, before the end of the 7
working day period and the supplier has complied with its obligation to
inform the consumer that if performance begins the consumer cannot cancel
the contract. 

In the UK the regulations only apply to 'any natural person who . . . is
acting for purposes which are outside his business'.

Regards,

Gary


-----Original Message-----
From: Michael D. Palage [mailto:michael@palage.com]
Sent: 13 December 2002 15:31
To: registrars@dnso.org
Subject: [registrars] Interesting Legal Development


I found this following article (http://shorl.com/bykydajymygu) rather
interesting as it is likely to impact registrars doing business in Canada.
Ontario, the largest province in Canada unanimously approved a new consumer
protection bill (Bill 180).  This Consumer protection bill provides for a
number of interesting provisions. However the two most interesting ones that
I found with respect to potential registrar operations are a seven day
cooling-off period for online transactions and the fact that consumer rights
apply even if a waiver is signed giving them up. So the problem I see
confronting registrars is that during days 6 or 7 a consumer changes his
mind, there is no way for a registrar to cancel the transaction at the
registry level. Although some may argue that this is a cost of doing
business, much like credit card charge backs, I think this is something we
as an industry should monitor closely.

Do any registrars know of any similar national or local laws that provide a
similar cooling-off period? Should this seven day cooling-off period evolve
as a global standard, I think it could potentially be in our best interest
to ask registries to consider extending the registration grace period from 5
to 7 days.

If anyone (Tim, Ross, Rob, Jason, etc.) could obtain a copy of this bill and
make it available to the list I would greatly appreciated it. And if any
Canadian legal types could comment on this bill I would greatly appreciate
it.

Net-Net, I do not think there is anything we need to do at the current time.
But I believe it is important for registrars doing business in a global
marketplace to keep track of various legal developments that may impact
their business operations.

Best regards,

Mike



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