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

Kathy Kleiman kathy at kathykleiman.com
Wed Jun 18 17:56:03 UTC 2014


Hi Don,
Has anyone circulated a U.S. DMCA form so that people in the PPSAI can 
see one before adopting this recommendation?
Best,
Kathy
:
>
> I shortened the description but didn't make substantive changes.
>
>
> The WG recommends that the requirements concerning forms of alleged 
> malicious conduct that would be covered by a providers's designated 
> published point of contact should include a list of forms of conduct 
> that would need to be covered. At the same time these requirements 
> should allow for the flexibility to accommodate new types of malicious 
> conduct. Section 3 of the Public Interest Commitments (PIC) 
> Specification in the New gTLD Registry Agreement[1] or Safeguard 2, 
> Annex 1 of the GAC's Beijing Communique[2] 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 "categorize" reports received, in 
> order to facilitate responsiveness.
>
> ------------------------------------------------------------------------
>
> [1] 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] 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.
>
> ===================
>
>
> From: Marika Konings <marika.konings at icann.org 
> <mailto:marika.konings at icann.org>>
> Date: Wednesday, June 18, 2014 at 10:09 AM
> To: PPSAI <gnso-ppsai-pdp-wg at icann.org 
> <mailto:gnso-ppsai-pdp-wg at icann.org>>
> Subject: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4
>
> 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] or Safeguard 
> 2, Annex 1 of the GAC's Beijing Communique[2] 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 "categorize" reports received, in 
> order to facilitate responsiveness.
>
> ------------------------------------------------------------------------
>
> [1]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]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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