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Registrars boycotting “gag order” .sucks contract

Kevin Murphy, January 25, 2016, 10:15:16 (UTC), Domain Registries

Registrars are ignoring new provisions in their .sucks contracts that they say amount to a “gag order”.

In a letter (pdf) to ICANN from its Registrars Stakeholder Group, the registrars ask for ICANN to convene a face-to-face negotiation between themselves and .sucks registry Vox Populi, adding:

Until such time, the Registrars believe that the amendments are not yet in effect and will continue to operate under Vox Populi’s existing RRA.

That means they’re working on the assumption that the controversial changes to the .sucks Registry-Registrar Agreement, sent to ICANN by Vox in December, have not yet been approved.

Vox Pop, on the other hand, has told ICANN that the changes came into effect January 6.

As we reported at the weekend, the registry is taking ICANN to formal mediation, saying ICANN breached the .sucks Registry Agreement by failing to block the changes within the permitted 15-day window.

The registrars’ letter was sent January 20, one day before Vox Pop’s mediation demand. The Vox letter should probably be read in that context.

The registrars have a problem with two aspects of the changed RRA.

First, there’s a clause that allows Vox to change the contract unilaterally in future. Registrars say this makes it a contract of “adhesion”.

Second, there’s a clause forbidding registrars taking “action to frustrate or impair the purpose of this Agreement”. Registrars read this as a “gag order”, writing:

Many Registrars not only serve as retail outlets for the purchase of domain names, but also provide consultative services to their clients on TLD extensions and their domain name portfolios. In conjunction with the provision of those services, registrars often opine on new gTLD and ccTLD extensions, the TLDs policies, pricing methodologies, security provisions and overall utility. These provisions could easily be read to inhibit such activities and restrict a registrar’s ability to offer those valuable services.

That’s referring primarily to corporate registrars working in the brand protection space, which are kinda obliged to offer .sucks for their clients’ defensive purposes, but still want to be able to criticize its policies and pricing in public.

ICANN has yet to respond to the request for a sit-down meeting between the registry and registrars.

However, given that Vox has invoked its right to mediation, it seems likely that that process will be the focus for now.

Mediation lasts a maximum of 90 days, which means the problem could be sorted out before April 20.

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