[AfrICANN-discuss] For registrars or registrars to be

[Anne-Rachel Inné]

 Draft Proposed Changes to Registrar Accreditation Agreement

18 June 2008

Click here to go through to the public comment
period<http://click.icptrack.com/icp/relay.php?r=9826907&msgid=155129&act=VMK0&c=165637&admin=0&destination=http%3A%2F%2Ficann.org%2Fpublic_comment%2F%23dpc-raa-2008>(open
until 4 August 2008).

This announcement describes fifteen draft amendments to the Registrar
Accreditation Agreement (RAA) for consideration and discussion by the ICANN
community. The amendments were developed through a community consultation
process and then a discussion between registrars and ICANN taking that
comment into account. The draft amendments are presented here to facilitate
further community discussion with the objective of implementing a set of
contract changes to enhance registrant protections. ICANN staff will be
available to facilitate discussions with constituency groups at ICANN's
meetings in Paris and afterwards.

These amendments fall into four general categories:

   - Enforcement Tools – these amendments are designed to enhance registrar
   compliance and to give ICANN better tools for enforcement.
   - Registrant Protections – these amendments focus on areas to improve the
   protection of registrants by enhancing consumer information that supports
   better informed decisions and choices concerning the protection of data.
   - Promoting stable and competitive registrar marketplace – these
   amendments focus on making sure that all participants in the registration
   marketplace meet minimum standards.
   - Agreement modernization – these amendments are intended to make certain
   that provisions in the contract meet current needs.

*History of Consultation *

   - In an effort to address concerns raised about the protection of
   registrants, ICANN has undertaken considerable discussions with community
   members concerning potential amendment to the RAA. Input has been received
   through public comment fora, particularly from ALAC and the Intellectual
   Property Constituency. In accordance with the direction set in those
   discussions, ICANN has conducted both telephonic and face-to-face
   discussions with registrars on how to provide these protections by amending
   the RAA. From the eight substantive areas of reform called for by Paul
   Twomey in March 2007 (see <
   http://www.icann.org/announcements/announcement-21mar07.htm<http://click.icptrack.com/icp/relay.php?r=9826907&msgid=155129&act=VMK0&c=165637&admin=0&destination=http%3A%2F%2Fwww.icann.org%2Fannouncements%2Fannouncement-21mar07.htm>>),
   and these community consultations, fifteen RAA amendments have been
   proposed.
   - Workshops have been held at ICANN meetings where issues of data escrow,
   registry failover, compliance, and RAA amendments were discussed. In
   parallel, the Board resolved to direct staff to solicit community input
   related to RAA amendments, engage in a dialogue with registrars to arrive at
   a set of proposed RAA amendments to be posted for public comment, and
   solicit advice from ALAC, the GNSO, and other interested parties to inform
   the Board's review of the amendments (see <
   http://www.icann.org/minutes/resolutions-29jun07.htm#k<http://click.icptrack.com/icp/relay.php?r=9826907&msgid=155129&act=VMK0&c=165637&admin=0&destination=http%3A%2F%2Fwww.icann.org%2Fminutes%2Fresolutions-29jun07.htm%23k>>).

   - An initial set of amendments were drafted and posted for public comment
   between July and September 2007, with a summary published in October 2007. A
   page was established on the ICANN website for "Consultation on Registrar
   Accreditation Agreement Amendments" at
<http://www.icann.org/topics/raa/<http://click.icptrack.com/icp/relay.php?r=9826907&msgid=155129&act=VMK0&c=165637&admin=0&destination=http%3A%2F%2Fwww.icann.org%2Ftopics%2Fraa%2F>>.
   During this period initial discussions were also held with registrars.
   - Based on discussions with registrars and solicited community advice an
   updated set of amendments emerged. The Registrar Constituency created a
   working group, led by Constituency Chair Jon Nevett, to enter into an
   ongoing dialogue with ICANN on the RAA issues under consideration. Several
   iterations have been drafted as the dialogue between the working group and
   ICANN has progressed. Both face-to-face and telephone conferences have taken
   place.
   - The ALAC also created a working group to review the RAA and has
   contributed to the dialogue. In part, as a result of the ongoing dialogue,
   communications between the registrars and ALAC have improved.
   - At the end of this comment period a report summarizing the feedback
   will be prepared for the Board to consider in its review.

*Proposed Amendments *

Below is a summary of the amendments being posted for comment (for the
contract language being proposed to implement each of these, see <RAA
Provisions Comparison<http://click.icptrack.com/icp/relay.php?r=9826907&msgid=155129&act=VMK0&c=165637&admin=0&destination=http%3A%2F%2Fwww.icann.org%2Ftopics%2Fraa%2Fraa-provisions-comparision-18jun08.pdf>>
[PDF, 40K] and <Redline 2001
RAA<http://click.icptrack.com/icp/relay.php?r=9826907&msgid=155129&act=VMK0&c=165637&admin=0&destination=http%3A%2F%2Fwww.icann.org%2Ftopics%2Fraa%2Fredline-2001-raa-18jun08.pdf>>
[PDF, 79K]):

   1. Enforcement tools
      1. Registrar Audits – Allowing ICANN to conduct site visits and audits
      of registrars upon at least 15 days notice.
      2. Sanctions & Suspension – Providing for escalated compliance
      enforcement tools such as monetary sanctions and suspension of registry
      access.
      3. Group Liability – Preventing "serial misconduct" by registrars when
      another affiliated (by common control) registrar's RAA is terminated.
      4. Registrar Fees – Revising registrar fee provision to be aligned
      with recent and current ICANN budgets; assessing interest on late fee
      payments.
      5. Registrations by Registrars – Creating liability by registrars to
      ICANN for any registrations created by a registrar for its use
in providing
      Registrar Services.
      6. Arbitration Stay – Eliminating the existing automatic 30-day stay
      of termination registrars receive by initiating arbitration or
litigation to
      challenge an RAA termination.
   2. Registrant protections
      1. Private Registration & Registrar Data Escrow Requirements –
      Registrars are required to either escrow underlying customer data in the
      case of private or proxy registrations, or alternatively, give prominent
      notification that such data will not be escrowed.
      2. Registrant Rights and Responsibilities – Requiring registrars to
      include on their websites a link to a "Registrant Rights and
      Responsibilities" document to be created in consultation with the ICANN
      community.
      3. Contractual Relationships with Resellers – Protecting registrants
      who are customers of resellers by obligating resellers to follow ICANN
      policies and requiring that they either escrow privacy/proxy
customer data,
      or alternatively, give prominent notification that such data will not be
      escrowed.


   1. Promoting stable and competitive registrar marketplace


   1. Accreditation by Purchase – Requiring registrars to notify ICANN upon
      a change of ownership and to re-certify the registrar's
compliance with the
      RAA.
      2. Operator Skills Training and Testing – Providing for mandatory
      training of registrar representatives to ensure better registrar
      understanding of ICANN policies and RAA requirements.
      3. Use of ICANN-Accredited Registrars – Maintaining ICANN's general
      policy of requiring registries to use ICANN-accredited registrars (in the
      absence of a reasonable and noted exception).
   1. Agreement modernization


   1. Notice Provision – Streamlining ICANN's obligation to provide notice
      to registrars of new consensus policies applicable to registrars.
      2. References to the Department of Commerce – Acknowledging ICANN's
      movement toward independence from the DOC by removing certain references
      within the RAA to a requirement of DOC approval.
      3. Registrar Data Retention Requirements – Clarifying data retention
      requirement for registrars to allow for more uniform practices.

Send comments on these proposed changes to raa-consultation at icann.org.

View comments at
http://forum.icann.org/lists/raa-consultation<http://click.icptrack.com/icp/relay.php?r=9826907&msgid=155129&act=VMK0&c=165637&admin=0&destination=http%3A%2F%2Fforum.icann.org%2Flists%2Fraa-consultation>.
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