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I don't think there are any generic rights of a web surfer: most of the web is private property, and the rights set by some EULA. I also don't see any obvious

I don't think there are any generic rights of a web surfer: most of the web is private property, and the rights set by some EULA. I also don't see any obvious reason for why this particular technical problem would count as violating the users rights by denying access and others would not. So for instance you can claim that broken dns records violates the users rights by denying access, but then you also must agree that a broken device driver is violating the users rights of access. Have fun with that.

notahacker 11y ago
For the avoidance of doubt I'm not suggesting web surfers actually have or should have any legally valid right to browse a particular piece of content. But if you asked me to choose between a 'right' to access a website the owner had intended to make available to me or a 'right' to reach the owner's administrative contact, I think I'd consider the former more important. Then again, I'm not a lawyer, a phisher or a spammer, so ICANN's policy change isn't really meant for me.