REGISTRANTS RIGHTS

Su Sonia Herring

NCUC Member | Youth IGF Turkey Coordinator

s.sonia.h@gmail.com

5th Middle East DNS Forum | 26 April 2018, Ankara

Generic Top Level Domain Names (gTLD)

Generic top-level domains are one of the categories of top-level domains maintained by the Internet Corporation for Assigned Names and Numbers for use in the Domain Name System of the Internet.

Registrar Accreditation Agreement (RAA) outlines registrants rights and responsibilities, but tends to focus on responsibilities more than rights.

Important points of RAA include

  • Providing WHOIS data
  • Registrar will take reasonable precautions to protect the Registrant’s data from "loss, misuse, unauthorized access or disclosure, alteration, or destruction."
  • Registrant must agree that its registration is subject to "suspension, cancellation, or transfer"

Uniform Domain Name Dispute Resolution Policy (UDRP)

The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant)

Applicable disputes under the UDPR

  • your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights

  • you have no rights or legitimate interests in respect of the domain name
  • your domain name has been registered and is being used in bad faith

What can this mean?

"Under trademark law, the concept of classification allows for “Marshall” to be

  • a society in Europe,
  • a headphones brand owned by one person,
  • a department store by another,

What happens if all the Marshall mark owners  obtain protection for variations, designs and associations of the name under all the new gTLDs. What would this mean for other rights associated with the same name?"

https://www.ncuc.org/2017/04/26/the-evolution-of-trademark-on-the-internet-is-it-sustainable-by-sze-ming/

Registrant rights include other rights than trademark protection such as:

Freedom of expression

Freedom of association

Privacy

 

Privacy & Data Protection of Registrants

 

(a.k.a WHOIS data)

WHOIS data that all registrants must provide include

  • Name and postal address of the Registered Name Holder
  • Name, postal address, e-mail address, and telephone number of the technical and administrative contact for the Registered Name

WHOIS data that all registrants must provide include

  • Name and postal address of the Registered Name Holder
  • Name, postal address, e-mail address, and telephone number of the technical and administrative contact for the Registered Name

Privacy and Proxy Services

  • Privacy Services allow a domain name holder (registrant) to be listed as the registrant of record but with alternate, valid contact information (such as a mail-forwarding service address) published in place of the registrant's home address.

  • Proxy Services allow a domain name to keep certain identity and contact details from appearing in public Whois information. The proxy service becomes the registered name holder of record, and its identity and contact information is displayed in Whois data.

Privacy & Proxy Registration in the Middle East

"Awareness about Privacy and Proxy Registration services is not high either as only 20% of the domain name registrants use privacy proxy services on the whole
in the Middle East, and in some countries, it is lower than 10% in total.


This illustrates that registrants either do not know about such services or sometimes are not even
aware that their information will be published publicly."

ICANN Registrant Program

a) Educating registrants about their rights and responsibilities, the domain name ecosystem and how to navigate it, and the ICANN policies that impact them and

 

b) Identifying and raising awareness about issues and challenges that registrants are facing.

Thank you!

Su Sonia Herring

NCUC Member | Youth IGF Turkey Coordinator

 

Presentation publicly available at: https://slides.com/susonia/registrants-rights#/

Twitter: @susotti

E-mail: s.sonia.h@gmail.com

Non-commercial Users Constituency: https://www.ncuc.org/

Registrants Rights

By susonia

Registrants Rights

ME DNS Forum 2018

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