Daily Domainer

EURid, the domain registry responsible for the .eu domain, invites comments from the public regarding its planned .eu Code of Conduct (pdf file), a set of rules that registrars will be able to voluntarily subscribe to.

The Daily Domainer reviewed the draft document and found that most elements of the Code fall into three categories:

1. Points that are already part of the .eu Registrar Agreement (pdf file).
2. Points that should be part of the .eu Registrar Agreement and therefore compulsory for all registrars.
3. Points that are unnecessary, superfluous or obvious.

Nevertheless, the Code of Conduct is an interesting idea that could increase confidence in the .eu domain. It will certainly be loved by registrars, who will use it to distinguish themselves from their competitors, as well as customers, who will misinterpret it as a quality seal.

The Daily Domainer's full comments are shown below.

Section 1: Terminology
Domain name: domain name registration within the .eu top-level domain, for example, name-of-your-company.eu.
Registry: the entity entrusted with the organisation, administration and management of the .eu TLD including maintenance of the corresponding databases and the associated public query services, registration of domain names, operation of the Registry of domain names, operation of the Registry TLD name servers and dissemination of TLD zone files. [...]
Registrar: a person or entity that, via contract with the Registry provides domain name registration services to registrants.
Registrant: an individual or legal entity that is the requester of a specific domain name and applies for the registration of this domain name. After successful registration, the registrant is the holder of the domain name.

So far, so good.

Section 2: Registration policy principles

1. During the registration process, the data that the registrar provides for the registrant contact will be that of the registrant who made the initial request for the registration of the domain name(s) concerned and not his own. Nor will it be the data of any other third party, unless specifically instructed to do so by the original requestor for the domain name The e-mail address submitted in the registrant contact information (including the billing and technical contact) will be that of the registrant alone and not that of the registrar

Any registrar that uses its own details when registering a domain upon request of a client is already in breach of the .eu Registrar Agreement. There's no need to include this in the voluntary Code of Conduct.

2. The registrar will ensure that the country code used during registration is the correct one and is a true reflection of the residential (physical) address of the registrant. More specifically, non-EU codes may not be used! Also, the registrar should never change the country code in order to make a registrant eligible.

The only way to ensure that the country code used is a true reflection of the owner's residential address is to verify the address by sending a letter there or by asking for utility bills and other documents. Is this what the authors of the Code of Conduct had in mind? Too much bureaucracy for our taste. It will only increase registrars' operating costs and thereby domain prices, and stifle the number of new .eu registrations.

3. Registrars will acknowledge the orders that the registrants submit by replying by e-mail or fax (or in any other written way if these two methods are not appropriate for the registrant). In the confirmation of the order, the registrar will acknowledge the exact time of reception of the order of the registrant (time stamp) and state whether the order has been accepted. The registrar (NOT only the registrant) has the obligation to make sure that the registrant's data is correct.

It makes sense for registrars to confirm orders to registrants. As for the registrant's data to be correct, that shouldn't be up to the registrar to verify (see previous paragraph). Checking whether it "looks correct", maybe (i.e. not something like "Any Street 123"). But to actually verify the address of each registrant… if EURid wants to enforce this issue they should probably do it themselves.

4. Registrars will archive the registration orders received from their customers. (see the question about the data : how long will it be archived? What are the securities taken for it?)

Change "What are the securities taken for it?" to "How is the data secured?" Also, we couldn't find these "questions about the data" answered anywhere in the code.

5. Registrars will not register Domain Names without being specifically instructed to do so by registrants. Notwithstanding the foregoing, the Registrar may register Domain names solely for its own use, and in such case the Registrar will provide EURid at its first request and without undue delay with proof that these Domain Names are registered solely for the Registrar's own use. Instructions by Registrants that share substantial similarities with or are linked to the Registrar (substantial similarities include but are not limited to: having the same telephone number or email address or where the registrant’s contact person is identical to the Registrar’s technical or billing contact) will not be considered to be acceptable instructions in the sense of this paragraph.

This convoluted paragraph is taken almost word-for-word from the .eu Registry Agreement. Including it in the Code of Conduct is not necessary and doesn't make it any less confusing. (Suggested rewording: "Registrars are not allowed to register domains other than those that are closely linked to their own business activities as a registrar." This makes sense because focusing on its core business protects the registrar from dispute-related litigation. Nothing will stop a registrar from setting up a separate company at arm's length and then registering domains as he sees fit.)

6. Registrars who have obtained names for their own use are not allowed to transfer or trade these names to other registrars or registrants, unless this is done at cost of the original registration fee. In particular, auctioning domain names is not allowed. This article remains applicable when a registrar business is sold or liquidated as a whole, containing the obtained domain names as assets.

If paragraph 5 is properly enforced, there is no need for paragraph 6.

7. Registrars must have the technical competence required to successfully perform the different types of actions in the automated systems of EURid (new registration, update domain, transfer domain, trade domain, update contact information, update nameservers etc.) Moreover, they must be able to implement and operate name servers for the registrant, if they offer such services directly.

This is already part of the .eu Registry Agreement.

If such services are not offered by the registrar himself, then he is obliged to refer any registrant seeking such services to an individual or company that does offers those services or to provide him with the necessary technical information. At the request of his registrant, the registrar will verify whether the name servers are functioning properly. The registrar has to be able to perform all necessary domain name updates and be able to initiate transfers/trades when requested to do so by the registrant (i.e. the actual or the new intended holder of the domain name).

Most of this is already part of the .eu Registry Agreement.

Section 3: Service policy principles
1. In addition to the obligations set out in Section 2.7, registrars are free to offer any services they see fit and to determine the price for those services. However, they will always clearly indicate what type of services they are offering, the way those services are bundled or if they are available to the registrant individually, and the prices charged for the services or service complement. At all times, they will ensure that the information made available to the registrant is precise, reliable and complete.

Makes sense. This should be a non-issue for any serious registrar.

2. If registrars offer services connected to the registration and management of domain names (such as web hosting and e-mail forwarding), these can only be accepted if they are in full compliance with the applicable national commercial legislation of the country in which the registrar has established his commercial residence.

A registrar shouldn't violate the laws of the country where it is located. Is there a need to include this in the Code of Conduct?

3. In determining prices for their services, registrars will ensure that they are not discounting below cost (selling at a loss). If different types of services are bundled, the price considered is the one that is charged for the entire package of services.

Why not? This is anti-competitive. If a registrar wants to attract new clients by offering a substantial discount on the first year's registration fee, or even giving away the first year for free, more power to them. Putting this into the Code of Conduct creates a cartel of registrars and hurts the free market.

4. Registrars will refrain from practices such as initiating trades and/or transfers for domain names unless requested to do so by the registrant (current or intended holder of the domain name).

This should definitely be part of the .eu Registrar Agreement.

5. Registrars will assist in trades and/or transfers initiated by other registrars upon the request of the registrant (present or intended holder of the domain name) whenever their assistance is required. They will in any event not attempt to block a pending transfer or obstruct it in any other way. When a transfer procedure has been finalised and has been confirmed by EURid, the former registrar will remove the domain(s) from his name servers if they are no longer being used by the registrant.

Most of this is already part of the .eu Registrar Agreement.

6. Registrars will allow their registrants to use name servers other than those suggested by the registrar. If this involves an extra fee, this fee will be mentioned in their service list.

Registrants should be free to use whatever name servers they want. This should be part of the .eu Registrar Agreement.

7. The registrar will provide the registrant with the following information through his website:
• identity, address and legal form of his enterprise
• VAT number (if applicable)
• clear description of the products and services offered
• possible guarantees for those products and services
• terms and conditions for delivery
• different methods of payment and connected specifications
• applicable terms and conditions in case of purchase of offered products or services.

Are there any active registrars that don't do this already? On the other hand, are there any domain registrants that would register a domain with a registrar that does not provide their contact details and description of the products and services offered?

Section 4: Quality aspects
Registrars will strive to provide a best in class level of quality, in other words, Registrars shall constantly do their best to provide their customers with the highest possible level of service they can offer. In particular the following commitments must be made:
- Acknowledging requests from registrants and allowing the status tracking thereof.
- Servicing requests by registrants within a maximum of 3 working days .
- Providing accurate, complete and non misleading information on their website(s).
- Offering secure payment services.

This is one of the few points that should be included in the Code of Conduct.

Furthermore, the Registrar may not overload the EURid network, impede the EURid from providing its services (for example through "Denial of Service attacks") or implement any other measure that can jeopardise the operation or stability of the .eu domain.

Thou shalt not DoS your registry! All of this is already part of the .eu Registry Agreement.

Section 5: Privacy policy principles
1. Registrars will maintain a clear privacy policy and will inform their registrants thereof. Under no circumstances will such a policy be more lenient that than the WHOIS policy imposed by EURid. More specifically, should the registrar elect to publish WHOIS-like data relating to his registrants, this data should be published in a way that conforms to the "WHOIS policy," and to article 2.4 of said policy in particular (available on the EURID.eu website.)

This should be part of the .eu Registrar Agreement.

2. The Registrar may not distribute unsolicited commercial information through electronic mail ("spam") or fax to Holders with whom the Registrar does not have an established and continuous customer relationship, unless the Holders' express consent has been previously obtained. The invitation to existing registrants to renew their domains and the transmission to those registrants of additional information about the services offered is not considered spamming.

This is already part of the .eu Registrar Agreement. In fact, the Registry Agreement is even stricter about this issue: "The registrar will refrain from spamming existing or potential Registrants in order to persuade them to make use of his services."

3. Registrars will not transmit the personal data of their registrants to third parties unless required to do so by the competent authorities.

This is already part of the .eu Registrar Agreement.

The possibility of verifying certain details of the domain name registration records through the WHOIS function of EURid will not be deemed to be transmission of personal data.

What is it, then?

This should be reworded to: "Transferring personal data to EURid's WHOIS is exempted from this rule."

Section 6: Cooperation
1. Registrars will explicitly impose upon their registrants the most up to date version of the Terms and Conditions of EURid concerning the use of domain names and this is required in every language indicated by the registrar.

"Explicitly impose upon"… this doesn't sound much like cooperation! How about "provide with"?

2. Registrars will inform their registrants, at their request, of the alternative dispute-resolution procedures (ADR) that EURid has selected to resolve .eu domain-name disputes. More precisely, they will include a direct link to the ADR procedures on their website.

That's reasonable enough.

3. Registrars will endeavour to resolve registrant complaints efficiently within 5 working days. They will provide each registrant with the contact information of their customer-support personnel (phone number, fax number, e-mail, and website).

Two different issues in the same paragraph, and in the wrong order to boot! Please transfer the requirement to provide contact details of the support personnel to section 3.7.

4. Registrars are obliged to provide registrant support in the languages indicated by the registrar either by email or by phone or both. The Registrar is obliged to operate a functional website which contains all the information mentioned in the sections 3.1 and 3.7.

OK. But why mix these unrelated issues together? The first part (support in the languages indicated by the registrar) is already part of the .eu Registrar Agreement and the other parts have been addressed elsewhere.

5. All registrars that sign the code of conduct are obliged to work with each other to solve problems their registrants encounter. In this context, they will make available a contact e-mail address for internal relations between all registrars that have signed the code. This address can be used should they need to contact each other for a specific problem relating to one of their registrants. These e-mail addresses will be published on the EURid website.

These addresses should remain private and only be used for inter-registrar communications. Also, all registrars should be required to participate in such an internal relations initiative to ensure that domain transfers go through smoothly.

Section 7: Logo of the code of conduct – List of logo-ed registrars
1. This code of conduct is linked with the usage of a specific logo. This logo (as illustrated in Annex 1) has been developed as a visual quality label and can be used only by the subscribers to the code. The logo is under the exclusive copyright of EURid and can only be used according to the stipulations stated below.

Sorry, but this logo looks pretty amateurish. It doesn't exactly remind us of a "visual quality label".

2. EURid will dedicate a special page on its website for the list of the registrars who are entitled to use the logo. EURid will also endeavour to call the attention of the press, other media, and user groups to the logo and connected features.
3. The registrars who sign and uphold this code are entitled to use this logo in their commercial relations with the registrant. That is, they may print the logo on their commercial letterhead, put it on their website, and use it in their commercial messaging. In case the logo is put on a website, it needs to contain a link to the website where the Code of Conduct can be consulted simply by clicking on the logo. Registrars who have not signed this code or who have been sanctioned with the temporary or permanent withdrawal of the logo are not entitled to make any use of the logo whatsoever.
4. EURid, being proprietor of the copyright on the logo, will prosecute any unlawful use of the logo by registrars or other parties.

All of this makes sense. The logo should be protected and respected.

Section 8: Board of Conduct
1. A Board of Conduct will be appointed in order to manage all aspects related to the Code of Conduct. The composition of the board, the procedures for the election and replacement of its members, the term of office of the members, the frequency and venue of its meetings, and similar topics are specified in a Rules & Procedures document.
2. A complaints-ruling process will be implemented, under the responsibility of the Board of Conduct, to examine alleged breaches of the Code of Conduct. The procedures for the introduction, acknowledgement, and examination of complaints, the language, the rules of procedure, and the rules for appeals are also to be specified in the Rules & Procedures document.
[The Rules and Procedures document in brief: in the event of a breach of the code, the board can apply one of the following sanctions depending on the nature and gravity of the infraction and whether it is repetitive in nature. The board can:
- reprimand the registrar or issue a warning;
- withdraw the logo and features associated with the code for a limited time;
- withdraw the logo and features associated with the code permanently.
The board also rules on the duration of such a withdrawal.]
3. EURid will provide secretarial support for the activities of the Board of Conduct, the complaints reception and follow up and the maintenance of the Code of Conduct. EURid will also provide a website page including the version of the Code of Conduct in force.
All information concerning the board and its competence to examine complaints, the minutes of the meetings, dates for future meetings, details about the Board, a forum for discussion between registrars…. will be published on the EURid website.

Sound like a gigantic bureaucracy is about to be unleashed, and all that just for registrars that voluntarily subscribe to the Code of Conduct.

In summary, there is no need for this Code from a practical point of view. Most of its elements are already (or should be) part of the .eu Registrar Agreement. And the remaining points are already followed by successful registrars that value their customers. Nevertheless, if properly promoted, the Code of Conduct will be nice marketing gimmick that just might increase Europeans' awareness of, and confidence in, the .eu domain… just in time for the dreaded one-year anniversary of the public .eu launch when hundreds of thousands of .eu domains are expected to drop.

EURid's Code of Conduct website is located at http://www.coc.eu. Comments can be sent to conduct until the 16th of March, 2007.

Thanks to DomainNews.