[registrars] Registrars code of conduct

["Bruce Tonkin" <Bruce.Tonkin@melbourneit.com.au>]

Hello Elana,


> 
> It was hoped at the time to have a voluntary code by which 
> registrars would abide.  With all appropriate antitrust 
> guidance in mind, of course, it may be time to resurrect that 
> idea and promote constituency members to work according to 
> voluntary principles, which among other things uphold 
> consumer interests.
> 

I support Registrars pro-actively developing a voluntary code of
conduct.

A code of conduct has been developed in Australia for .au, and is
actually compulsory.

Given that the ALAC (At Large Advisory Committee) is planning to develop
a consumer guide to domain names, it would be good timing to reconsider
a code of conduct.

Here is the customer contact section of the .au code of conduct:
(from http://www.auda.org.au/docs/auda-2002-26.txt).

5. Customer Contact 

5.1	A registrar and a reseller of that registrar may agree (through
a registrar-reseller agreement) 
on procedures for contacting a registrant that has chosen the reseller
as the registrant's agent. The 
Registrar of Record for a domain name licence may maintain records of a
registrant's current choice of 
agent.

5.2	A registrar must not send a renewal notice to a registrant, or
any other communication that 
might reasonably be construed by a registrant to be a renewal notice,
for a specific domain name 
licence unless the registrar is the registrar-of-record for that domain
name licence in the registry 
database.

5.3	A reseller, or other Domain Name Supplier, must not send a
renewal notice, or any other 
communication that might reasonably be construed by a registrant to be a
renewal notice, for a 
specific domain name licence, unless the reseller, or other Domain Name
Supplier, has been appointed 
previously by the registrant to be their agent.   

5.4	A reseller, or other Domain Name Supplier, must advise the
registrant if there will be a 
transfer to a new domain name licence with a different
registrar-of-record, associated with accepting 
a renewal offer (this may occur when either a reseller becomes a
registrar, or when a reseller chooses 
to use a different registrar).


5.5	A Domain Name Supplier for a specific domain name licence, must
not send a renewal notice any 
earlier than 90 days prior to the expiry date, and should make
reasonable commercial efforts to advise 
the registrant of the need to renew at least 30 days prior to expiry. 

5.6	A Domain Name Supplier (including a registrar and a reseller)
may make an offer to a registrant 
for domain name services (other than as described in clauses 5.1-5.5
above), provided:

a) it is clearly identified as a solicitation for business;

b) there is no mention of a specific domain name or related information
such as expiry dates;

c) it includes a statement that the registrant is under no obligation to
respond, and may choose to 
renew their domain name licence through the registrar-of-record in the
registry database, or their 
existing agent (who may be a reseller of the registrar-of-record);

d) it is clearly explained that acceptance of the offer may require the
registrant to either transfer 
between agents (resellers) within the databases of the
registrar-of-record, or transfer to a new domain 
name licence with a different registrar-of-record;

e) the offer is not sent as email, unless the Domain Name Supplier has
an existing relationship with 
the registrant, or the registrant has requested to opt-in for marketing
information from the Domain 
Name Supplier. Any such email must include a simple and effective
opt-out mechanism;

f) the contact information for the registrant is not obtained from the
Registry or auDA's centralised 
WHOIS service (see clause 13 of the Registrar Agreement);

g) it cannot reasonably be construed as a renewal notice.

Examples of unacceptable conduct:

(1) Sending an invoice (or anything that appears to be an invoice) to a
registrant for domain name 
renewal, where the domain is presently registered through another
registrar or reseller.

(2) Sending a renewal advice for a specific domain with an expiry date
(eg. "xyz.com.au expires on 
1/6/2002 - renew it now at our website"), where the domain is presently
registered through another 
registrar or reseller.

(3) Sending a notice addressed to "accounts payable", requesting payment
for the renewal of a specific 
domain name with an expiry date, where the domain is presently
registered through another registrar 
or reseller.

5.7    If a complaint is made about the accuracy of WHOIS data, then the
registrar-of-record must 
make reasonable commercial efforts to contact the registrant to arrange
for the information to be 
corrected. The registrar-of-record may delegate this responsibility to a
reseller via the terms of a 
registrar-reseller agreement.


Regards,
Bruce Tonkin