Whois Marketing Restriction Policy

Posted: 12 August 2004

Whois Marketing Restriction Policy

The Whois Marketing Restriction Policy is a revision to the third-party bulk access provisions in ICANN's Registrar Accreditation Agreement. Pursuant to a Consensus Policy recommendation from the GNSO Council, and as approved by the ICANN Board of Directors, the following changes to the obligations in the RAA will apply beginning 12 November 2004. Beginning on that date, these revised contractual provisions will be applicable to all registrars pursuant to the Consensus Policies provision (§4.1) in the Registrar Accreditation Agreement. A new form of the agreement including these revisions will be posted shortly.

1) Section 3.3.6.3 will be replaced with the following language:

"Registrar's access agreement shall require the third party to agree not to use the data to allow, enable, or otherwise support any marketing activities, regardless of the medium used. Such media include but are not limited to e-mail, telephone, facsimile, postal mail, SMS, and wireless alerts."

2) Section 3.3.6.5 will be replaced with the following language:

"Registrar's access agreement must require the third party to agree not to sell or redistribute the data except insofar as it has been incorporated by the third party into a value-added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service for use by other parties."

3) Section 3.3.6.6 of the current RAA will be deleted. (It will no longer be applicable as a result of the modification to §3.3.6.3 indicated above.)