[Gnso-ppsai-pdp-wg] For your review - template Category B - question 3

Kathy Kleiman kathy at kathykleiman.com
Tue Mar 18 03:39:12 UTC 2014

Hi All,
In answering our newest question, Category B-question 3, I would ask 
that an expansion of the NCSG comments be included in the summary of 
comments received. NCSG has now commented extensively on rights a domain 
name registrant should have when using a proxy/privacy service -- and 
our focus has been on two aspects (although there are more to discuss), 
namely: a) access to proxy/privacy services, and b) due process in the 
limitation and/or termination of these services.

Access: NCSG submits that in the gTLD system, p/p is a needed and 
legitimate service for noncommercial organizations, including public 
interest groups, religious groups, educational organization, charities, 
and hobby groups, as well as individuals, entrepreneurs and small 
businesses. We would like to see that right of access protected and ensured.

Due Process: NCSG submits that the p/p customer should be assured of the 
right to engage in a dialogue with the proxy/privacy service provider 
before contact data is released or published (when legally allowed), and 
given the opportunity to show if the request for contact data is 
intended to to harm, harass, damage competition or diminish Freedom of 
Expression or Assembly rights. Further, the NSCG comments discussed (as 
reflected in the current template) the importance of allowing Registrars 
to follow their national laws and practices and incorporate the privacy, 
data protection and due process of ther laws into their p/p contracts 
with customers.  What is illegal in one country is not illegal in 
another country -- be it speech activities, religious activities, 
political activities or even comparative advertising (in which a 
particular product or service specifically mentions a competitor by name 
for the express purpose of showing why the competitor is inferior to the 
product naming it). These robust differences must be taking into account 
when drafting a general set of accreditation principles for rights and 
responsibilities of Registrants.

We respectfully submit there are many rights, as well as 
responsibilities, to consider in this question tomorrow... and look 
forward to the discussion.

Dear All,
> In preparation for our meeting tomorrow, please find attached the 
> proposed template for Category B -- question 3 (/What rights and 
> responsibilities should domain name registrants that use 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.) /If 
> there is any additional information that should be added to the 
> background section, please let me know.
> In relation to transfers, renewals and PEDNR policies, we've started 
> to develop a list of questions that the WG may need to consider 
> in relation to these policies. If there are any additional questions 
> that should be included, please feel free to suggest. We are hoping 
> that some of the registrar members will be able to shed a light on how 
> these issues are currently handled and whether or not these need to be 
> factored into the WG recommendations.
>   * Per the ERRP, 'registrars must notify the registered name holder
>     of the expiration at least two times'. Should there be a
>     requirement for the P/P provider to pass these notices on to the
>     P/P customer?
>   * Per the ERRP, 'if a registration is not renewed by the RAE or
>     deleted by the registrar, within five days after the expiration of
>     the registration, the registrar must transmit at least one
>     additional expiration notice to the RAE that includes instructions
>     for renewing the registration'. Should there be a requirement for
>     the P/P provider to pass these notices on to the P/P customer?
>   * Per the ERRP, 'beginning at the time of expiration and through the
>     DNS resolution interruption period described in paragraphs 2.2.2
>     and 2.2.3, the RAE must be permitted by the registrar to renew the
>     expired registration'. What if the underlying customer wants to
>     renew the registration? Idem for restoration during the Redemption
>     Grace Period.
>   * In relation to the IRTP, should there be any restrictions
>     concerning transfers of P/P registrations? (e.g. some of the terms
>     and conditions require the P/P services to be removed during the
>     transfer process). Depending on the response to this question,
>     all communications in the IRTP currently go via the transfer
>     contact (Registered Name Holder / Admin Contact). Should there be
>     any requirements for this information to also be communicated to
>     the P/P customer? What happens if there is a disagreement relating
>     to the transfer between the P/P provider and the P/P customer?
> Best regards,
> Marika
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