[Gnso-ppsai-pdp-wg] Proposal contactability

Don Blumenthal dblumenthal at pir.org
Mon Aug 18 17:36:52 UTC 2014

"A 'legal communication' is certainly something we would have to carefully define as a group” prompsed this reminder to keep what’s policy vs implementation in mind. Details can be useful in deciding if a policy is viable but we’re limited in the level of what should be in any policy recommendation.


From: Valeriya Sherman <VSherman at sgbdc.com<mailto:VSherman at sgbdc.com>>
Date: Monday, August 18, 2014 at 1:03 PM
To: Volker Greimann <vgreimann at key-systems.net<mailto:vgreimann at key-systems.net>>, "Williams, Todd" <Todd.Williams at turner.com<mailto:Todd.Williams at turner.com>>, PPSAI <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>>
Subject: Re: [Gnso-ppsai-pdp-wg] Proposal contactability

Hi Volker,

A "legal communication" is certainly something we would have to carefully define as a group, but as a starting point, I would define it as any communication by an individual or entity that asserts a problem connected to the ownership or use of a domain name by the beneficial registrant based on and citing the laws of any jurisdiction. The communication need not threaten a lawsuit, or be made by a law firm to constitute a "legal communication."  The communication would be submitted via the accepted, to-be-determined means of communication.


Valeriya Sherman
Silverberg, Goldman & Bikoff, L.L.P.
1101 30th Street, N.W.
Suite 120
Washington, D.C. 20007
Tel 202.944.3300
Cell 303.589.7477
vsherman at sgbdc.com<mailto:vsherman at law.gwu.edu>
From: Volker Greimann [vgreimann at key-systems.net<mailto:vgreimann at key-systems.net>]
Sent: Monday, August 18, 2014 10:08 AM
To: Valeriya Sherman; Williams, Todd; gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
Subject: Re: [Gnso-ppsai-pdp-wg] Proposal contactability

Hi Valeriya,
Another narrower approach would be to ensure that all communications that contain legal complaints are relayed without exception. To be clear, under this approach, there would be no content evaluation, other than to determine that any given communication is or contains a legal complaint.
What is a legal communication though? Does it have to include a threat of a law suit? Does it have to include formal legal representation by a law firm?
Also, this should be limited to the means of communication offered by the service provider, i.e. if postal relay is not offered, legal communications by postal mail would face the same fate as spam, i.e. the bin...



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