[Gnso-ppsai-pdp-wg] Privacy and Protection ServiceAccreditation Issues Working Group

Tue Jan 14 16:59:41 UTC 2014

True. However, what if the use is legal but the website content creates
questions about the domain¹s commercial/non-commercial designation if the
WG recommends differentiation? To steal Gema¹s example in her first
message:

But, what is the difference between them? A hobbyist¹s backyard habitat
website and another hobbyist¹s backyard habitat website that has, or later
adds, an Amazon affiliate link to defray costs?

Don

On 1/14/14, 10:11 AM, "Tim Ruiz" <tim at godaddy.com> wrote:

>That is an issue with use/content, which is not within ICANN's mission,
>as far as I read their mission. How an accredited p/p service responds
>when properly notified of illegal content (following due process), should
>be the same as what is required of an accredited registrar.
>________________________________________
>From: gnso-ppsai-pdp-wg-bounces at icann.org
><gnso-ppsai-pdp-wg-bounces at icann.org> on behalf of Campillos Gonzalez,
>Gema Maria <GCAMPILLOS at minetur.es>
>Sent: Tuesday, January 14, 2014 10:01 AM
>To: Luc SEUFER
>Cc: gnso-ppsai-pdp-wg at icann.org
>Subject: Re: [Gnso-ppsai-pdp-wg] Privacy and Protection
>ServiceAccreditation Issues Working Group
>
>Thank you for the reminder, Luc. I give another real-world and trickier
>instance using the word "registrant".
>
>Has the registrant a commercial purpose when he runs a forum-like website
>on which he also offers access to copyrighted works free of charge? In
>this case, the registrant leads this activity for the sake of it and
>doesn't get any profits at all from it. But, he is causing great damage
>to right holders.
>
>I join the conference now.
>
>Regards,
>
>Gema
>
>-----Mensaje original-----
>De: Luc SEUFER [mailto:lseufer at dclgroup.eu]
>Enviado el: martes, 14 de enero de 2014 15:33
>Para: Campillos Gonzalez, Gema Maria
>CC: Jim Bikoff; gnso-ppsai-pdp-wg at icann.org
>Asunto: Re: [Gnso-ppsai-pdp-wg] Privacy and Protection
>ServiceAccreditation Issues Working Group
>
>Hello Gema,
>
>Just a kind reminder that ICANN is only dealing with domain names, not
>websites. Thus, in my opinion, the distinction should be made on the
>registrant type alone.
>Hosting services are regulated by ad'hoc laws and those services are
>outside of ICANN's scope.
>
>As you know, to serve the EU an online merchant has to abide by Directive
>2000/31 (its national transpositions to be more precise) and must publish
>their details on their website. Should they fail to do so, the hosting
>provider should be the party that LEA should contact, not the registrar.
>
>Luc
>
>
>
>On Jan 14, 2014, at 14:24, Campillos Gonzalez, Gema Maria
><GCAMPILLOS at minetur.es<mailto:GCAMPILLOS at minetur.es>> wrote:
>
>Dear all,
>
>I agree with commentators that this categorization is clearer than the
>previous one.
>
>Although I am aware of your reluctance to introduce variations to the
>Charter questions passed by the GNSO Council on 31st October, a doubt has
>come up to my mind. Some of the questions rest on the difference between
>commercial and non-commercial activities (4, 5 and 6 in the first group
>and 4 in the last one). But, what is the difference between them? A
>copyright infringing website where video streaming or downloads are free
>of charge but which is supported by advertisements or SMS premium
>services is a commercial or a non-commercial activity?
>
>Thank you,
>
>Gema
>
>De: 
>gnso-ppsai-pdp-wg-bounces at icann.org<mailto:gnso-ppsai-pdp-wg-bounces at icann
>.org> [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] En nombre de Jim
>Bikoff Enviado el: lunes, 13 de enero de 2014 23:05
>Para: gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
>Asunto: [Gnso-ppsai-pdp-wg] FW: Privacy and Protection Service
>Accreditation Issues Working Group
>
>Dear All,
>
>Although the question groupings are still being completed, it may be
>helpful to our audience if we grouped the questions in the letters in
>some logical, categorical manner, even if that grouping is but a draft.
>
>To address the substantive content of the questions, it seems that the
>ultimate issue is set forth in the first question: "What, if any, are the
>types of Standard Services Practices that should be adopted and published
>by ICANN-accredited privacy/proxy service providers?" The questions
>following it address that main issue.  Most of the issues and questions
>could be subsumed under the following general categories:
>
> * MAINTENANCE of privacy/proxy services;  * CONTACT point provided by
>each privacy/proxy service;  * RELAY of complaints to the privacy/proxy
>customer; and  * REVEAL of privacy/proxy customers' identities.
>If we followed this categorization, the issues and questions would be
>grouped as follows:
>
> MAIN ISSUES
>
>
>1.      What, if any, are the types of Standard Service Practices that
>should be adopted and published by ICANN-accredited privacy/proxy service
>providers?
>
>2.      Should ICANN distinguish between privacy and proxy services for
>the purpose of the accreditation process?
>
>3.      What are the contractual obligations, if any, that, if
>unfulfilled, would justify termination of customer access by
>ICANN-accredited privacy/proxy service providers? Should there be any
>forms of non-compliance that would trigger cancellation or suspension of
>registrations?  If so, which?
>
>4.      What are the effects of the privacy and proxy service
>specification contained in the 2013 RAA? Have these new requirements
>improved WHOIS quality, registrant contactability, and service usability?
>
>5.      What should be the contractual obligations of ICANN accredited
>registrars with regard to accredited privacy/proxy service providers?
>Should registrars be permitted to knowingly accept registrations where
>the registrant is using unaccredited service providers that are bound to
>the same standards as accredited service providers?
>
>
>MAINTENANCE
>
>
>1.      Should ICANN-accredited privacy/proxy service providers be
>required to label WHOIS entries to clearly show when a registration is
>made through a privacy/proxy service?
>
>2.      Should ICANN-accredited privacy/proxy service providers be
>required to conduct periodic checks to ensure accuracy of customer
>contact information; and if so, how?
>
>3.      What rights and responsibilities should customers of
>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.
>
>4.      Should ICANN-accredited privacy/proxy service providers
>distinguish between domain names registered or used for commercial with
>those registered or used for personal purposes? Specifically, is the use
>of privacy/proxy services appropriate when a domain name is registered or
>used for commercial purposes?
>
>5.      Should there be a difference in the data fields to be displayed
>if the domain name is registered or used for a commercial purpose or by a
>commercial entity instead of a natural person?
>
>6.      Should the use of privacy/proxy services be restricted only to
>registrants who are private individuals using the domain name for
>non-commercial purposes?
>
>
>CONTACT
>
>
>1.      What measures should be taken to ensure contactability and
>responsiveness of the providers?
>
>2.      Should ICANN-accredited privacy/proxy service providers be
>required to maintain dedicated points of contact for reporting abuse? If
>so, should the terms be consistent with the requirements applicable to
>registrars under Section 3.18 of the RAA?
>
>3.      Should full WHOIS contact details for ICANN-accredited
>privacy/proxy service providers be required?
>
>4.      What forms of malicious conduct, if any, should be covered by a
>designated published point of contact at an ICANN-accredited
>privacy/proxy service provider?
>
>
>RELAY
>
>1.      What, if any, baseline minimum standardized relay processes
>should be adopted by ICANN-accredited privacy/proxy service providers?
>
>2.      Should ICANN-accredited privacy/proxy service providers be
>required to forward to the customer all allegations of illegal activities
>they receive relating to specific domain names of the customer?
>
>
>REVEAL
>
>
>1.      What, if any, baseline minimum standardized reveal processes
>should be adopted by ICANN-accredited privacy/proxy service providers?
>
>2.      Should ICANN-accredited privacy/proxy service providers be
>required to reveal customer identities for the specific purpose of
>ensuring timely service of cease and desist letters?
>
>3.       What forms of alleged malicious conduct, if any, and what
>evidentiary standard would be sufficient to trigger such disclosure? What
>specific violations, if any, would be sufficient to trigger such
>disclosure?
>
>4.       What safeguards, if any, should be put in place to ensure
>adequate protections for privacy and freedom of expression? Should these
>standards vary depending on whether the website is being used for
>commercial or non-commercial purposes? What safeguards or remedies should
>be available in cases where publication is found to have been unwarranted?
>
>5.       What circumstances, if any, would warrant access to registrant
>data by law enforcement agencies?
>
>6.       What clear, workable, enforceable and standardized processes
>should be adopted by ICANN-accredited privacy/proxy services in order to
>regulate such access (if such access is warranted)?
>
>
>
>
>        Please let me know if this categorization is helpful.
>
>Jim
>
>James L. Bikoff
>Silverberg, Goldman & Bikoff, LLP
>1101 30th Street, NW
>Suite 120
>Washington, DC 20007
>Tel: 202-944-3303
>Fax: 202-944-3306
>jbikoff at sgbdc.com<mailto:jbikoff at sgbdc.com>
>
>
>
>
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