[PC-NCSG] Proposed statement on Registrants' Rights and Responsibilities -- for review/approval

[Wendy Seltzer]

We heard again in the Board-GAC meeting that the RAA is near final. As
discussed on the NCUC and NCSG lists, I propose that we send this
statement to the Board, if possible, before we leave Beijing.

--Wendy

Dear Steve and Fadi,

The latest Draft Registrar Accreditation Agreement makes reference to a
 "Registrants? Rights and Responsibilities Specification,"
 https://www.icann.org/en/resources/registrars/raa/proposed-registrant-rights-responsibilities-07mar13-en.pdf
As drafted, that document is insufficient, short-changing the real
rights domain name registrants expect.

Registrants of domain names depend on the DNS to provide stable online
location-pointers for their speech, association, commercial, and
non-commercial activites. They derive rights and responsibilities from
applicable law as well as from the web of ICANN-based contracts. As a
matter of policy, ICANN should ensure that its contracts can support a
wide range of lawful and innovative end-user activities and free
communications.

Accordingly, we propose this positive statement of Registrants' Rights
and Responsibilities:

Registrants have the right to:
* reliable neutral resolution of registered domain names
* no suspension or termination of registration without due process
* privacy in the provision and display of registration data (registrant
information should be private by default)
* fair and non-discriminatory treatment from registrars and registries
no censorship of domain use, content, or communications through
registries or registrars
* timely transfer of registered domain names between registrars
* renewal (or choice not to renew) of domain name registrations on
clearly disclosed terms
and to accomplish that,
* to be informed of the registrar's terms, conditions, and pricing
information

Registrants have the responsibilities:
* to be contactable, or to provide an alternative such as allowing the
registrar to suspend registration upon an unresponded-to allegation of abuse
* not to use the domain name for abuse of the DNS (to be defined more
specifically: e.g., specific DNS attacks, deliberate malicious
distribution of malware, or criminal activity)
* not to cybersquat, as defined in the UDRP