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ICANN to reveal Registrant Rights & Responsibilities (and here’s a draft copy)

Kevin Murphy, February 28, 2013, Domain Registrars

ICANN is set to publish and start promoting a new Registrant Rights & Responsibilities charter at some point over the next couple of days, we hear.

The one-page document is set to become an important part of CEO Fadi Chehade’s plan to make the domain name industry appear more trustworthy and likable in the eyes of the internet-using public.

He first revealed the idea during a meeting with registries and registrars in Amsterdam last month.

An ICANN-commissioned study showed that people have a very low opinion of the industry, he told them.

The new document is designed to address some of those concerns.

While the charter may be presented as originating in the industry, it was first drafted by ICANN and we hear that some registrars have been somewhat reluctant to agree to it.

“It’s like when you’re a kid and your dad gives you a birthday card to sign for your mom,” one registrar told us.

The legalese-stricken document that ICANN originally presented to them over-stretched and could have carried legal exposure, they added.

DI has been sent of copy of what we’re told is a close-to-final draft of the document, which we understand is more agreeable to most registrars. We’ve pasted it below in full.

Registrants’ Rights and Responsibilities

Domain Name Registrants’ Rights:

  1. Your domain name registration and any privacy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.
    • You are entitled to review this Registration Agreement at any time, and download a copy for your records.
  2. You are entitled to accurate and accessible information about:
    • The identity of your ICANN Accredited Registrar;
    • The identity of any privacy service provider affiliated with your Registrar;
    • Your Registrar’s terms and conditions, including pricing information, applicable to domain name registrations;
    • The terms and conditions, including pricing information, applicable to any privacy services offered by your Registrar;
    • The customer support services offered by your Registrar and the privacy services provider, and how to access them;
    • How to raise concerns and resolve disputes with your Registrar and any privacy services offered by them; and
    • Instructions that explain your Registrar’s processes for registering, managing, transferring, renewing, and restoring your domain name registrations, including through any privacy services made available by your Registrar.
  3. You shall not be subject to false advertising or deceptive practices by your Registrar or though any privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.

Domain Name Registrants’ Responsibilities:

  1. You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
  2. You must review your Registrar’s current Registration Agreement, along with any updates.
  3. You will assume sole responsibility for the registration and use of your domain name.
  4. You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
  5. You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.

It draws on changes ICANN and registrars have agreed to in the 2013 (hopefully) Registrar Accreditation Agreement, such as registrar commitments to provide basic information about themselves.

As for the 2013 RAA itself, we hear that ICANN wants to present a final version to its board of directors for approval during its public meeting in Beijing in early April.

That would mean opening it up for public comment next week, but registrars and ICANN have not yet agreed to a final draft for publication, despite now-daily negotiation meetings.

The major sticking point, we gather, is an amendment that would give ICANN a unilateral right to change the contract in future — similar to the proposed gTLD Registry Agreement provision currently causing a shitstorm in the new gTLD applicant community.

There’s also controversy about the fact that ICANN wants to restrict new gTLDs to only registrars that sign the new RAA, which is designed to be a carrot to get them to sign up even if their 2009/2001 RAAs are still active.

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Chehade to take charm offensive to ANA show

Kevin Murphy, February 28, 2013, Domain Policy

ICANN CEO Fadi Chehade has agreed to speak at an upcoming conference of the Association of National Advertisers, we’ve just been told.

Chehade, currently on a whirlwind global outreach tour, will deliver a lunch keynote on day two of the 2013 ANA Advertising Law & Public Policy Conference, held in Washington DC, March 19 and 20.

The speech is currently untitled, according to the agenda, but I’d hazard a guess that Chehade will be turning on his trademarked charm to attempt to bring more ANA members into the multistakeholder fold.

The ANA, of course, was ICANN’s primary antagonist in late 2011 and much of 2012, after it came out in strong opposition to the new gTLD program, lobbying the US Congress to have it delayed or killed off.

The relationship between the two organizations has mellowed, I sense, more recently, as the ANA has become more accustomed to working within the ICANN environment.

The ANA conference, which comes with the prescient subtitle “Change Ahead: Confrontation, Compromise or Chaos?” will also feature a panel discussion on new gTLDs featuring executives from Verizon and PayPal.

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ICM’s claims against Manwin thrown out of court

Kevin Murphy, February 28, 2013, Domain Registries

ICM Registry has suffered a blow in its ongoing lawsuit with porn merchant Manwin Licensing, with a judge this week dismissing all of the registry’s counterclaims against the YouPorn owner.

ICM was sued by Manwin on antitrust grounds in late 2011, but returned fire last October with is own set of allegations, which also included claims that Manwin’s boycott of .xxx was anti-competitive.

But the judge in the case, Philip Gutierrez, on Tuesday granted Manwin’s motion to dismiss all of ICM’s claims.

Gutierrez ruled that ICM had failed to argue it had standing to complain under competition law, stating: “Harm to ICM only is not sufficient to constitute antitrust injury. It must allege harm to the competitive process.”

He also granted Manwin’s motion to strike ICM’s claims under California’s anti-SLAPP (Strategic Lawsuit Against Public Participation) laws, which are designed to protect free speech.

The judge decided that Manwin’s boycott of .xxx was protected under the anti-SLAPP statute.

ICM is now entitled to re-draft and re-submit its counterclaims; if it does not do so it will have to pay Manwin’s legal fees in connection with the anti-SLAPP action, Gutierrez ruled.

“The judge has granted us 30 days to amend our counterclaims. We are exploring all options open to us,” ICM CEO Stuart Lawley said.

Manwin’s owner, Fabian Thylmann, was arrested in Brussels last December and extradited to Germany to face charges of tax evasion.

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Nominet to revise second-level .uk proposal after domainer outrage

Kevin Murphy, February 28, 2013, Domain Registries

Nominet has temporarily killed off its plan to allow people to register second-level .uk domain names, after vocal opposition from domain investors.

The non-profit registry said yesterday it is “not proceeding with our original proposal on ‘direct.uk’”, but may revise the concept to give more rights to existing .uk domain name owners.

Nominet had been running a community consultation since October on the idea. It said yesterday:

It was clear from the feedback that there was not a consensus of support for the direct.uk proposals as presented, with some concerns cutting across different stakeholder groups. Although shorter domains (e.g. nominet.uk rather than nominet.org.uk) were considered desirable, many respondents felt that the release mechanism did not give enough weighting to existing registrants, and could lead to confusion if they could not obtain the corresponding domain.

UK domainers had been the most prominent opponents of the plan, complaining loudly that trademark owners were to be given the right to take .uk names where they do not already own the corresponding .co.uk or .org.uk names.

This would not only harm domainers, but also big companies that own generic .co.uk domains without matching trademarks, they said, and would lead to consumer confusion.

Nominet now plans to see if it can revise the proposal to come up with a “phased release mechanism based largely on the prior registrations of domains in existing third levels within .uk”.

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.info and .biz prices to go up

Kevin Murphy, February 28, 2013, Domain Registries

Afilias and Neustar have separately announced increased to the registry fees for .info and .biz domain names.

Afilias yesterday said the maximum wholesale price for a .info domain would increase to $8.16 effective September 1, a 10% increase on the current rate of $7.42 per year.

The last 10% hike, which the company is allowed to take under its ICANN registry agreement, came in July 2011.

Neustar last week also said it was taking its permitted 10% increase.

The maximum registry fee for .biz will go up to $8.63, also starting September 1. It last increased its prices in February 2012.

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