At 8:54 PM -0700 5/17/02, wxWeb.com wrote:
>The whois doesn't exist to serve as a database for where to serve
>process to.

No, it exists as a database of domain-name holders, and if you need 
to serve the domain-name holder with a subpoena or other court 
document, that database must be in order.

>Not in my opinion.  I've debate this issue already on another list
>whether the requirement requires any registrar to do anything with
>mass submitted data, unless there is a pressing reason to do so, such
>as a lawsuit against the registrant, etc.

What part of http://www.icann.org/announcements/advisory-10may02.htm 
are you reading that "bulk exemption" from, because I just don't 
quite see it there.

>Again, priority would/should be given if there is a PRESSING need for
>that data to be corrected.  I don't see "obviously false" as a
>pressing need justifying the kind of man power that this would
>require.

ICANN disagrees. In fact, they so disagree that they say if the 
registrant doesn't provide good info within 15 calendar days, the 
registrant is in breach and forfeits the domain.

Disagree all you like, but dem's da rules. Play by them or go form 
AlterNIC2 or something. :-)

>Accepting mass reports without any other basis as you suggest a
>registrar should would drive the costs up so high that domains would
>become as pricey as SSL Certs are currently.

Not my concern. If costs go up, costs go up. However, since this is 
all part of the Registrar Accreditation Agreement, such costs should 
already be included in Tucows' business model. If they're not, that's 
poor planning on Tucows' part.

>A reason why the complainer needs the information updated, such as a
>pending lawsuit, etc.

Such as being "any person", which is really all ICANN requires, 
according to 3.7.8 of the RAA.

I'm "any person", so are you. And if I report it, or you report it, 
or Joe Sixpack reports it, it has to be investigated and, in so 
doing, escalated through the chain towards correction or forfeiture.

This all centers around the situation where "I have a lot of them to 
report". I can either do it "an easy way", where the submissions are 
received by Tucows in a sane manner, or the hard way, where I dump 
the database, clean it up a little, and send a couple hundred 
(thousand?) separate e-mail messages over to them.

I'd like, personally, to find an easy way to give them the reports, 
but if I have to e-mail them out one at a time, that's what I've got 
to do.

>  > That's just crazy to me. Why should I have to put up coin to get a
>  > registrar to their job? That's what the registrar signed on for.
>
>Because it ISN'T a registrars job.

What part of 3.7.8 is unclear. Let me, again, quote it for you, in 
case you've never read it:

"3.7.8 Registrar shall abide by any specifications or policies 
established according to Section 4 requiring reasonable and 
commercially practicable (a) verification, at the time of 
registration, of contact information associated with a Registered 
Name sponsored by Registrar or (b) periodic re-verification of such 
information. Registrar shall, upon notification by any person of an 
inaccuracy in the contact information associated with a Registered 
Name sponsored by Registrar, take reasonable steps to investigate 
that claimed inaccuracy. In the event Registrar learns of inaccurate 
contact information associated with a Registered Name it sponsors, it 
shall take reasonable steps to correct that inaccuracy."

     which, in its 10 May 2002 Advisory, ICANN states:

"Obligation to Investigate and Correct Reported Inaccuracies

Subsection 3.7.8 of the RAA obliges registrars to "take reasonable 
steps to investigate" any inaccuracy in Whois data upon notification 
from "any person." In order to facilitate compliance with this 
responsibility, registrars should establish a clear mechanism for 
receiving, investigating, and tracking reported inaccuracies in their 
Whois data. In the absence of a clearly designated contact or channel 
for receiving complaints about inaccurate Whois data, registrars are 
responsible for acting upon "notifications" that may be received by 
diverse, and even informal, means. This may make it difficult for 
registrars to fulfill their obligations.

Once a registrar receives notification of an inaccuracy, Subsection 
3.7.8 requires the registrar to take "reasonable steps" to 
investigate and correct the reported inaccuracy. The term "reasonable 
steps" is not defined within the agreement; precisely what 
constitutes reasonable steps to investigate and correct a reported 
inaccuracy will vary depending on the circumstances (e.g., accepting 
unverified "corrected" data from a registrant that has already 
deliberately provided incorrect data may not be appropriate). At a 
minimum, "reasonable steps" to investigate a reported inaccuracy 
should include promptly transmitting to the registrant the 
"inquiries" concerning the accuracy of the data that are suggested by 
RAA Subsection 3.7.7.2. The inquiries should be conducted by all 
commercially practicable means available to the registrar: by 
telephone, e-mail, and postal mail."

.... so yes, William, it very much IS their job. It's their job that 
they agreed to by agreeing to be handed a lucrative position as a 
domain-registrar. It's the responsibility that comes with the fat 
checks. Perhaps you should read the RAA, and the supporting ICANN 
documentation before you say what Tucows' duties are and are not?

D



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