[Gnso-ppsai-pdp-wg] PPSAI Comment Period and Section 1.3.3

Mary Wong mary.wong at icann.org
Wed Apr 29 03:24:07 UTC 2015

Hello everyone,

As there have been several drafts circulated between 19 December 2014 and 23
April 2015, staff thought it might be helpful for WG members to recall where
and when the language in Section 1.3.3 first made an appearance. The three
questions in Section 1.3.3 of the Executive Summary (i.e. the current
language in the document) have been phrased in this way since the 29 January
2015 version ­ in which a slight change was made to Question #1. This change
was made by staff based on WG discussions on Section 1.3.3 specifically,
which discussion occurred on the WG call of 23 January 2015. However, the
other two questions remain unchanged from the original draft Initial Report
that was circulated on 19 December 2014, and it may be helpful to note that
one is taken from a WG Charter question on this topic.

All three questions were included in the draft report based on the WG¹s
discussions and agreed preliminary conclusions dating back to mid-2014,
which were presented at a community session during the ICANN meeting in
London in June 2014. The same language and preliminary conclusions were
again presented to the community at the ICANN meeting in Los Angeles in
October 2014.

We realize that it is difficult to recall exactly where, when and how
certain wording and versions may have been discussed, so we hope this is
useful. In relation to the 30 April deadline for additional statements, this
was a date discussed with the Working Group at the 14 April meeting, prior
to which the current version of the Work Plan had been circulated and to
which no further changes have been made.

Do note that as we are finalizing an Initial Report, there will be
opportunities for WG members and their communities to comment on any part of
the Initial Report during the 60-day public comment period. The WG will then
review all the public comments received and, if deemed appropriate, revise
and finalize its recommendations. At that stage, there will also be an
opportunity for the submission of additional or minority statements, if
needed, following the formal consensus call of the full WG in relation to
the Final Report.

Thanks and cheers

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org

From:  Stephanie Perrin <stephanie.perrin at mail.utoronto.ca>
Date:  Tuesday, April 28, 2015 at 18:39
To:  PPSAI <gnso-ppsai-pdp-wg at icann.org>
Subject:  Re: [Gnso-ppsai-pdp-wg] PPSAI Comment Period and Section 1.3.3

> SInce I think there is a distinct set of questions that can be asked on the
> other side, and that indeed have been asked, I would not support the inclusion
> of this set of (in my view) leading questions without the opposing questions.
> To do so would be to reflect a fundamental bias.  I would prefer to say
> something along the lines of the use of proxy services by commercial entities
> could be restricted by national law, where such law applies.
> I believe we had a lengthy discussion about defining commercial activity.  It
> seems to me it is not for ICANN to impose such restrictions on Internet
> activity through its limited remit over domain name registration, a point
> which we have made repeatedly.
> If you are going to insist on the inclusion of this (in my view leading) text
> then we need a few more days to prepare an opposing statement.....April 30 is
> an artificial deadline which I am surprised to see announced at this late
> date.
> cheers Stephanie
> On 2015-04-29 6:17, Graeme Bunton wrote:
>> Thanks to all WG members for a very productive call earlier today(and to
>> Steve for his chairing acumen).  The co-chairs and staff met this afternoon
>> to tie down two loose ends from the call.
>> Regarding the deadline for public comments on the Initial Report, we
>> recognize there is considerable support for extending the public comment
>> period to 60 days instead of the standard 40 days on which we have all been
>> planning.   We are prepared to agree to this, but with the caveat that this
>> will have repercussions on the pace and intensity of our work once public
>> comments have been received. Specifically, if the public comment deadline is
>> extended until July 3 (60 days after our publication date of May 4), we will
>> need to plan on at least weekly calls throughout July and August, some of
>> which may need to be more than an hour in length, to review these comments
>> and move toward a Final Report.  Otherwise, we jeopardize the prospects for
>> getting the Final Report in front of the GNSO council no later than the
>> Dublin ICANN meeting.  As was noted on the call today, many additional steps
>> need to take place even after this WG issues its Final Report before any new
>> accreditation system can be implemented, so the time pressure imposed by the
>> expiration of the Interim Specification at the end of next year is already
>> real. 
>> Also, as previously announced over the past few weeks, if any WG members (or
>> group of members) wish to submit a brief separate or additional statement for
>> inclusion in the package posted for public comment next Monday, such
>> statements need to be received by staff no later than Thursday, April 30.
>> Lastly, the other loose end involves proposed revisions to section 1.3.3 of
>> the Initial Report, which were presented on the call earlier today but which
>> we did not have time to discuss fully.  We agree that this section could
>> benefit from some revision, but believe it should take the form of greater
>> concision, not additional presentation of arguments for the divergent
>> positions.  Thus we suggest that section 1.3.3 be revised to read as follows:
>> ---
>>> Although the WG agreed that the mere fact that a domain name is registered
>>> by a commercial entity or by anyone conducting commercial activity should
>>> not preclude the use of P/P services , there was disagreement over whether
>>> domain names that are actively used for commercial transactions (e.g. the
>>> sale or exchange of goods or services) should be prohibited from using P/P
>>> services. While most WG members did not believe such a prohibition is
>>> necessary or practical, some members believed that registrants of such
>>> domain names should not be able to use or continue using proxy or privacy
>>> services.
>>> For those that argued that it is necessary and practical to limit access to
>>> P/P services to exclude commercial entities, the following text was proposed
>>> to clarify and define their position: ³domains used for online financial
>>> transactions for commercial purpose should be ineligible for privacy and
>>> proxy registrations.²
>>> Public comment is therefore specifically invited on the following questions:
>>> * Should registrants of domain names associated with commercial activities
>>> and which are used for online financial transactions be prohibited from
>>> using, or continuing to use, privacy and proxy services?
>>> * If so, will it be useful to adopt a definition of ³commercial² or
>>> ³transactional² to define those domains for which P/P service registrations
>>> should be disallowed? And if so, what should the definition(s) be?²
>>> * Will it be necessary to make a distinction in the WHOIS data fields to be
>>> displayed as a result?
>> ---
>> Thanks,
>> Graeme Bunton & Steve Metalitz
>> -- 
>> _________________________
>> Graeme Bunton
>> Manager, Management Information Systems
>> Manager, Public Policy
>> Tucows Inc.
>> PH: 416 535 0123 ext 1634
>> _______________________________________________
>> Gnso-ppsai-pdp-wg mailing list
>> Gnso-ppsai-pdp-wg at icann.orghttps://mm.icann.org/mailman/listinfo/gnso-ppsai-p
>> dp-wg

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