[Gnso-ppsai-pdp-wg] For your review - revised template Category B - question 3

Kathy Kleiman kathy at kathykleiman.com
Mon Apr 14 15:47:42 UTC 2014

Hi Marika,
To the summary of the meeting in this section, I would recommend adding 
the section *between the stars*

"Noted -- the WG noted that it would likely support a set of minimum 
requirements to be included in the registration agreement but what those 
minimum requirements should be is likely to be derived from the WG's 
review and conclusion on some of the other charter questions, for 
example requirements for reveal and relay.
As noted above, some of the details concerning rights and 
responsibilities are expected to become clear later on in the process. 
*/*But some noted, and there was no objection, that the overall issues 
of rights, including access, due process and national law be adopted as 
overarching principles in this "rights and responsibilities" question, 
Cat B- Q3, and then revisited and carried forward as specific details 
are negotiated of a) registration and access b) relay, and especially c) 
reveal. But high level principles should be adopted here under this 
broad question.* */Some noted that registrars should retain a certain 
level of discretion to deal with P/P registrations for example in the 
case of transfers -- it should be up to the registrar to decide whether 
or not to reject a transfer request for a P/P registration (note: some 
registrars currently prohibit the transfer of P/P registrations -- the 
underlying customer information needs to be revealed in order to 
initiate the transfer). It was also suggested that any principles / 
requirements should be high-level principles and allow for innovation 
and differentiation between providers. Furthermore it was noted that the 
deference to national law would need to be considered (in the 
jurisdiction of the registrar and p/p provider. The WG agreed that any 
rights and/or obligations should be clearly communicated in the P/P 
agreement with the P/P customer."

Best and tx,
> Dear All,
> Following our call on Tuesday, please find attached the updated 
> template for Cat B -- Q 3 which aims to capture the main points of 
> discussion as well as a proposed preliminary conclusion based on the 
> deliberations to date ('The WG recommends that any rights, 
> responsibilities and obligations for registrants as well as 
> privacy/proxy providers would need to be clearly communicated in the 
> registration agreement, including any specific requirements applying 
> to transfers and renewals. However, further details as to what minimum 
> requirements for such rights, responsibilities and obligations may be 
> will need to be further discussed by the WG following its review of 
> other charter questions'). If I've missed anything or you have any 
> proposed edits, feel free to share your suggestions with the mailing list.
> As noted during the call, further input and discussion will be 
> required in relation to the second part of the charter question: 
> clarify how transfers, renewals, and PEDNR policies should apply? 
> Below you will find our initial attempt to identify some of the 
> questions that may need to be addressed in this regard. We hope that 
> WG members, and especially registrars, will be able to add to this 
> list and/or provide some initial thoughts and suggestions. We'll kick 
> off the meeting next week with a short introduction to the 
> Inter-Registrar Transfer Policy (IRTP), but in the meantime you 
> may already want to review this presentation that was provided by 
> James Bladel for one of the IRTP WGs (Powerpoint 
> <http://gnso.icann.org/en/meetings/presentation-irtp-c-training-29nov11-en.pdf>, 
> Transcript 
> <http://gnso.icann.org/meetings/transcript-irtp-c-training-29nov11-en.pdf> andMP3-Recording 
> <http://audio.icann.org/gnso/gnso-irtp-c-training-20111129-en.mp3>).
> Best regards,
> Marika
> From: Marika Konings <marika.konings at icann.org 
> <mailto:marika.konings at icann.org>>
> Date: Monday 17 March 2014 12:40
> To: "gnso-ppsai-pdp-wg at icann.org <mailto:gnso-ppsai-pdp-wg at icann.org>" 
> <gnso-ppsai-pdp-wg at icann.org <mailto:gnso-ppsai-pdp-wg at icann.org>>
> Subject: [Gnso-ppsai-pdp-wg] For your review - template Category B - 
> question 3
> Dear All,
> In preparation for our meeting tomorrow, please find attached the 
> proposed template for Category B -- question 3 (/What rights and 
> responsibilities should domain name registrants that use privacy/proxy 
> services have? What obligations should ICANN-accredited privacy/proxy 
> service providers have in managing these rights and responsibilities? 
> Clarify how transfers, renewals, and PEDNR policies should apply.) /If 
> there is any additional information that should be added to the 
> background section, please let me know.
> In relation to transfers, renewals and PEDNR policies, we've started 
> to develop a list of questions that the WG may need to consider 
> in relation to these policies. If there are any additional questions 
> that should be included, please feel free to suggest. We are hoping 
> that some of the registrar members will be able to shed a light on how 
> these issues are currently handled and whether or not these need to be 
> factored into the WG recommendations.
>   * Per the ERRP, 'registrars must notify the registered name holder
>     of the expiration at least two times'. Should there be a
>     requirement for the P/P provider to pass these notices on to the
>     P/P customer?
>   * Per the ERRP, 'if a registration is not renewed by the RAE or
>     deleted by the registrar, within five days after the expiration of
>     the registration, the registrar must transmit at least one
>     additional expiration notice to the RAE that includes instructions
>     for renewing the registration'. Should there be a requirement for
>     the P/P provider to pass these notices on to the P/P customer?
>   * Per the ERRP, 'beginning at the time of expiration and through the
>     DNS resolution interruption period described in paragraphs 2.2.2
>     and 2.2.3, the RAE must be permitted by the registrar to renew the
>     expired registration'. What if the underlying customer wants to
>     renew the registration? Idem for restoration during the Redemption
>     Grace Period.
>   * In relation to the IRTP, should there be any restrictions
>     concerning transfers of P/P registrations? (e.g. some of the terms
>     and conditions require the P/P services to be removed during the
>     transfer process). Depending on the response to this question,
>     all communications in the IRTP currently go via the transfer
>     contact (Registered Name Holder / Admin Contact). Should there be
>     any requirements for this information to also be communicated to
>     the P/P customer? What happens if there is a disagreement relating
>     to the transfer between the P/P provider and the P/P customer?
> Best regards,
> Marika
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