[Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4

Marika Konings marika.konings at icann.org
Wed Jun 18 14:09:37 UTC 2014


Dear All,

Following yesterday's meeting, please find attached the updated template for
Cat D ­ Q 4 attached for your review. Based on our discussions, the proposed
preliminary recommendation has been updated as follows:

===============
The WG recommends that the requirements in relation to which forms of
alleged malicious conduct would be covered by the designated published point
of contact at an ICANN-accredited privacy/proxy service provider include an
indicative list of forms of malicious conduct that would need to be covered
while at the same time these requirements should allow for enough
flexibility to accommodate new types of malicious conduct being covered.
Section 3 of the Public Interest Commitments (PIC) Specification in the New
gTLD Registry Agreement[1] <#_ftn1>  or Safeguard 2, Annex 1 of the GAC¹s
Beijing Communique[2] <#_ftn2>  could serve as examples for how this could
be achieved.
Furthermore, the WG recommends standardizing reporting forms, which would
nonetheless continue to include space for free form text. A starting point
for such a form could be that used under the Digital Millennium Copyright
Act (DMCA) in the United States. At a minimum such a form should include:
[to be completed]. It was also suggested that providers have the ability to
³categorize² reports received, in order to facilitate responsiveness.


[1] <#_ftnref1>  Registry Operator will include a provision in its
Registry-Registrar Agreement that requires Registrars to include in their
Registration Agreements a provision prohibiting Registered Name Holders from
distributing malware, abusively operating botnets, phishing, piracy,
trademark or copyright infringement, fraudulent or deceptive practices,
counterfeiting or otherwise engaging in activity contrary to applicable law,
and providing (consistent with applicable law and any related procedures)
consequences for such activities including suspension of the domain name.

[2] <#_ftnref2>  Registry Operator will include a provision in its
Registry-Registrar Agreement that requires Registrars to include in their
Registration Agreements a provision prohibiting Registered Name Holders from
distributing malware, abusively operating botnets, phishing, piracy,
trademark or copyright infringement, fraudulent or deceptive practices,
counterfeiting or otherwise engaging in activity contrary to applicable law,
and providing (consistent with applicable law and any related procedures)
consequences for such activities including suspension of the domain name.

===================



You are encouraged to share any comments / edits you may have with the
mailing list.



Best regards,



Marika


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