IRT,
May I flag one issue that may not have been resolved with regard to the customer data accuracy specification discussed on last week’s call: how the spec lines up with section 3.5.4.1 of the draft agreement.
Section 3.5.4.1 of the accreditation agreement basically provides (or will provide, once it is updated to adjust time limits and catch the issue Vicky flagged a couple of weeks ago) that if a customer willfully
provides false info or fails to respond to an accuracy query from the provider, then customer’s p/p service is suspended or cancelled AND the registration is suspended or cancelled.
However, Spec 2 (Customer Data Accuracy Program), discussed last week, seems to set forth somewhat different consequences in similar scenarios. Paragraphs 1, 2 and 4 state that if customer fails to verify contact
information in various scenarios, then “Provider shall either verify the applicable contact information manually” or ask the Registrar to suspend the registration. In para. 5, in basically the same situation described in section 3.5.4.1, it states that provider
should ask registrar either to “terminate” (is this the same as cancel?), suspend, or make the registration non-resolvable (clientHold and client Transfer Prohibited). Neither provision in the Spec says anything about suspending or canceling the p/p service
(i.e., kicking customer out of the program), although surely the provider should have the ability to do that as a violation of its terms of service.
I get it that for a third party provider (not affiliated with a registrar), asking the registrar to suspend/”terminate”/cancel etc. is all that can be done with regard to the registration (as contrasted with
the p/p service). But other than that I am puzzled by the somewhat differing obligations that apply in basically the same circumstances. (Section 3.5.5 of the Agreement says providers must comply with the Spec, but the Spec and 3.5.4.1 seem to require slightly
different responses.)
Should this discrepancy be addressed? I note that we are pending some revision of 3.5.4.1 anyway so perhaps it could be addressed there.
Apologies if this has already been resolved; if so could someone point me to the resolution?
Thanks!
Steven J. Metalitz |
Partner, through his professional corporation
T: 202.355.7902
|
met@msk.com
Mitchell Silberberg & Knupp
LLP
|
www.msk.com
1818 N Street NW, 8th Floor, Washington, DC 20036
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From: gdd-gnso-ppsai-impl-bounces@icann.org [mailto:gdd-gnso-ppsai-impl-bounces@icann.org]
On Behalf Of Amy Bivins
Sent: Tuesday, August 08, 2017 12:39 PM
To: gdd-gnso-ppsai-impl@icann.org
Subject: [Gdd-gnso-ppsai-impl] Action items, request for additional IRT input after 8 August IRT call
Dear Colleagues,
Thanks so much for your active participation on today’s IRT call. If you were unable to attend, I encourage you to listen to the recording, which is available on the wiki,
https://community.icann.org/display/IRT/08+August+2017
Attached, you will find an updated “issues list” that includes a detailed summary of all the PPAA-related topics discussed to date, including those raised on the call today. A very short summary of the input received today and the significant
outstanding questions is also available below. Please review the topics discussed today and submit any additional feedback you have no later than next Monday, 14 August. Your feedback is especially needed on the LEA Framework and Data Retention topics.
Proposed upcoming IRT discussion schedule:
15 August: PPAA definitions, PPAA amendment/negotiation process (updated per IRT feedback), RAA synchronization, request suggestions for future discussion topics
22 August: LEA framework, data retention, IP Framework, business dealings
29 August: Data escrow, labeling (new draft specification modeled on RAA requirements to be provided, per IRT feedback)
Summary of Discussion on Today’s Call
Best,
Amy
Amy E. Bivins
Registrar Services and Engagement Senior Manager
Registrar Services and Industry Relations
Internet Corporation for Assigned Names and Numbers (ICANN)
Direct: +1 (202) 249-7551
Fax: +1 (202) 789-0104
Email:
amy.bivins@icann.org