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

Thu Jun 19 14:36:58 UTC 2014

Hi All,

I have just realised that I haven’t reminded everyone that I am French since a while, so here it comes.

More seriously, although I understand that DMCA is a widely known act, I trust we could improve upon it by looking at the requirements other countries impose for such form to be considered as valid.

For example, in France, on top of having the almost exact same requirements as the DMCA, the law requires that a copy of the notification/C&D letter sent to the website publisher be included. Thus, putting the reporter/complainant on the right path (it being the one leading to the party controlling the allegedly infringing website).

The  article I am referring to is available at (in French only, sorry): http://www.legifrance.gouv.fr/affichTexteArticle.do?idArticle=JORFARTI000002457442&cidTexte=JORFTEXT000000801164

Obviously, if they are no details available on the litigious website, then the obligation doesn’t stand. But in my experience having the complainant contact the website publisher rather than the service provider help settle most of those matters.

My 2 Francs.

Luc

On Jun 18, 2014, at 19:56, Kathy Kleiman <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>> wrote:

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

_______________________________________________
Gnso-ppsai-pdp-wg mailing list
Gnso-ppsai-pdp-wg at icann.org<mailto:Gnso-ppsai-pdp-wg at icann.org>
https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg

_______________________________________________
Gnso-ppsai-pdp-wg mailing list
Gnso-ppsai-pdp-wg at icann.org<mailto:Gnso-ppsai-pdp-wg at icann.org>
https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg

________________________________

--------------------------------------------------------

This e-mail and any attached files are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail by mistake, please notify the sender immediately and delete it from your system. You must not copy the message or disclose its contents to anyone.

Think of the environment: don't print this e-mail unless you really need to.

--------------------------------------------------------