[Gnso-ppsai-pdp-wg] Our Statement/Kiran's Statement

Holly Raiche h.raiche at internode.on.net
Sun May 3 01:23:43 UTC 2015


Folks

While I personally support Kathy’s statement, I do not have official ALAC support for the statement.  The ALAC Executive will be meeting this week where both the Initial Report and statements can be discussed, but until then, I’d rather my name as a member of the ALAC not be there until there is official ALAC support for the statement.  

My apologies for this.

Holly
On 3 May 2015, at 7:52 am, Mary Wong <mary.wong at icann.org> wrote:

> Hello everyone,
> 
> Just to summarize where we are on this - as of the 30 April deadline, two
> Additional Statements were received, both of which were also posted by
> their respective submitters to this mailing list. One was sent in by Kiran
> on behalf of DomainTools; Facebook Inc.; LegitScript; MarkMonitor; and
> Smith, Gambrell & Russell LLP. Another was sent in by Kathy on behalf of
> herself, Stephanie Perrin, David Cake and James Gannon (members of the
> Non-Commercial Stakeholder Group), and Holly Raiche (member of the
> At-Large Advisory Committee).
> 
> We plan to attribute each statement as noted above in Annex F of the
> Initial Report, which is where a placeholder for such statements had been
> put in the draft Initial Report. We have also, as requested by the
> co-vice-chairs, created a page on the WG wiki that references documents
> and discussions that were pertinent to the WG’s discussion of the
> “transactional” issue, and will include a hyperlink to this page from
> Section 1.3.3 of the Initial Report.
> 
> More generally, with the co-vice-chairs’ approval, we will be replicating
> all the WG’s preliminary conclusions and open questions in a survey (using
> SureveyMonkey), and offering that as an option to commenters if a survey
> format (with space for free form text) might be easier for them and their
> communities to respond to. Some WG members may know that this is a tool we
> have begun to use to facilitate community input for recent GNSO WGs,  e.g.
> T e GNSO Policy & Implementation WG. Being an additional tool, the survey
> will not preclude, replace or displace a commenter’s ability to submit
> comments in the more “traditional” format, and this will be highlighted in
> the background and directions for submitting public comment.
> 
> Thanks and cheers
> Mary
> 
> Mary Wong
> Senior Policy Director
> Internet Corporation for Assigned Names & Numbers (ICANN)
> Telephone: +1 603 574 4892
> Email: mary.wong at icann.org
> 
> 
> 
> 
> 
> -----Original Message-----
> From: Kiran Malancharuvil <Kiran.Malancharuvil at markmonitor.com>
> Date: Saturday, May 2, 2015 at 11:47
> To: "Bikoff, James" <jbikoff at sgrlaw.com>
> Cc: "gnso-ppsai-pdp-wg at icann.org" <gnso-ppsai-pdp-wg at icann.org>
> Subject: Re: [Gnso-ppsai-pdp-wg] Our Statement/Kiran's Statement
> 
>> Hi Jim,
>> 
>> Very generous. Staff - please make that change to the statement I
>> submitted, if it is deemed that is the correct way to represent these
>> signatories. 
>> 
>> However, if any individual attorney or any individual at all wants to
>> sign to any statement in their appropriate capacity as a member of the
>> ICANN community, I strenuously object to ANY attempt to stop them from
>> doing so. 
>> 
>> Thanks,
>> 
>> Kiran 
>> 
>> Kiran Malancharuvil
>> Internet Policy Counselor
>> MarkMonitor
>> 415-419-9138 (m) 
>> 
>> Sent from my mobile, please excuse any typos.
>> 
>>> On May 2, 2015, at 11:44 AM, Bikoff, James <jbikoff at sgrlaw.com> wrote:
>>> 
>>> All,
>>> 
>>> We are happy to be listed as SGR.
>>> 
>>> Jim
>>> 
>>> Sent from my iPhone
>>> 
>>>> On May 2, 2015, at 11:19 AM, James M. Bladel <jbladel at godaddy.com>
>>>> wrote:
>>>> 
>>>> This is not related to any constituency or SG’s membership or
>>>> participation rules.  We have three individual representatives on the
>>>> WG
>>>> who wish to lend support to this statement.  However, we previously
>>>> established that companies (not individuals) would be listed as
>>>> signatories, which would indicate that the firm itself (SGR) should be
>>>> listed once.
>>>> 
>>>> You’ve also explained that while these individual attorneys are
>>>> associated
>>>> with the same firm, they serve different clients.  Also, fine but to
>>>> remain consistent with the previous thread we should list those client
>>>> organizations, rather than their individual representatives.  If they
>>>> are
>>>> unable/unwilling to disclose those clients, then the indication of
>>>> support
>>>> should roll up to the firm.
>>>> 
>>>> J.
>>>> 
>>>> 
>>>> 
>>>> 
>>>> 
>>>> On 5/2/15, 13:08 , "Kiran Malancharuvil"
>>>> <Kiran.Malancharuvil at markmonitor.com> wrote:
>>>> 
>>>>> I don't understand this recommendation.  If they are individual
>>>>> members
>>>>> of the constituency, and that is the capacity of their representation
>>>>> to
>>>>> the ICANN Community, and they each have individual SOIs, what is the
>>>>> basis for your recommendation?  I would certainly be happy to leave
>>>>> the
>>>>> determination to staff, but it seems to me like you are trying to
>>>>> change
>>>>> the capacity of their membership to their constituency, which I would
>>>>> consider inappropriate.
>>>>> 
>>>>> Enjoy your Saturday!
>>>>> 
>>>>> Kiran
>>> 
>>> James L. Bikoff | Attorney at Law
>>> 
>>> 202-263-4341 Phone
>>> 202-263-4329 Fax
>>> www.sgrlaw.com
>>> jbikoff at sgrlaw.com
>>> 
>>> 1055 Thomas Jefferson Street, N.W.
>>> Suite 400
>>> Washington, D.C. 20007
>>> 
>>> Smith, Gambrell & Russell, LLP
>>> 
>>> -----Original Message-----
>>>>> From: James M. Bladel [mailto:jbladel at godaddy.com]
>>>>> Sent: Saturday, May 02, 2015 10:59 AM
>>>>> To: Kiran Malancharuvil
>>>>> Cc: mary.wong at icann.org; gnso-ppsai-pdp-wg at icann.org
>>>>> Subject: Re: [Gnso-ppsai-pdp-wg] Our Statement/Kiran's Statement
>>>>> 
>>>>> Understood.
>>>>> 
>>>>> If the individual attorneys are unable/unwilling to disclose the
>>>>> names of
>>>>> the clients whose support they are lending to the statement, then I
>>>>> recommend we fall back to their posted SOIs. Which takes us back to a
>>>>> single entry for the firm itself.
>>>>> 
>>>>> Thanks—
>>>>> 
>>>>> J.
>>>>> 
>>>>> 
>>>>> On 5/2/15, 12:54 , "Kiran Malancharuvil"
>>>>> <Kiran.Malancharuvil at markmonitor.com> wrote:
>>>>> 
>>>>>> Most lawyers don't disclose their clientele list.
>>>>>> 
>>>>>> If they are individuals members of the IPC or BC, and they are listed
>>>>>> consistently with that membership and therefore the capacity of their
>>>>>> participation at ICANN, that is the right way to represent
>>>>>> themselves.
>>>>>> 
>>>>>> Oftentimes, because of internal big firm conflicts, etc., it is
>>>>>> inappropriate to ask a firm to be listed as a firm.
>>>>>> 
>>>>>> Kiran Malancharuvil
>>>>>> Internet Policy Counselor
>>>>>> MarkMonitor
>>>>>> 415-419-9138 (m)
>>>>>> 
>>>>>> Sent from my mobile, please excuse any typos.
>>>>>> 
>>>>>>> On May 2, 2015, at 10:48 AM, James M. Bladel <jbladel at godaddy.com>
>>>>>>> wrote:
>>>>>>> 
>>>>>>> It does help clarify, but does not address the inconsistency.
>>>>>>> 
>>>>>>> Why would we not list the clients’ names, rather than their
>>>>>>> representatives? Or one listing for the entire firm?
>>>>>>> 
>>>>>>> J.
>>>>>>> 
>>>>>>> 
>>>>>>> On 5/2/15, 12:30 , "Kiran Malancharuvil"
>>>>>>> <Kiran.Malancharuvil at markmonitor.com> wrote:
>>>>>>> 
>>>>>>>> James/Mary/Staff,
>>>>>>>> 
>>>>>>>> Perhaps the complexities of representation and membership in the
>>>>>>>> various  constituencies of the CSG isn't clear.
>>>>>>>> 
>>>>>>>> There are some members who are individuals, and are categorized as
>>>>>>>> such
>>>>>>>> (e.g: outside counsel who represent their client interests through
>>>>>>>> individual participation in the group - firm name provided as
>>>>>>>> guidance) and others who are businesses or organizations that
>>>>>>>> appoint a representative (e.g.: firms who are represented as an
>>>>>>>> entity with a single representative, corporations who are members
>>>>>>>> as
>>>>>>>> a business, membership organizations such as AIPLA, etc.).
>>>>>>>> 
>>>>>>>> Where support is given to this statement as a company, company
>>>>>>>> names
>>>>>>>> are  stated. Where support is given as individual representatives,
>>>>>>>> individual  names are the more appropriate and accurate way to
>>>>>>>> list.
>>>>>>>> 
>>>>>>>> Hope this helps clear things up. Thanks for the opportunity to
>>>>>>>> clarify.
>>>>>>>> 
>>>>>>>> Kiran Malancharuvil
>>>>>>>> Internet Policy Counselor
>>>>>>>> MarkMonitor
>>>>>>>> 415-419-9138 (m)
>>>>>>>> 
>>>>>>>> Sent from my mobile, please excuse any typos.
>>>>>>>> 
>>>>>>>> On May 2, 2015, at 10:17 AM, James M. Bladel
>>>>>>>> <jbladel at godaddy.com<mailto:jbladel at godaddy.com>> wrote:
>>>>>>>> 
>>>>>>>> Mary/Staff -
>>>>>>>> 
>>>>>>>> These message are inconsistent.  Please confirm: Are we listing the
>>>>>>>> names  of individuals, or companies?
>>>>>>>> 
>>>>>>>> J.
>>>>>>>> 
>>>>>>>> 
>>>>>>>> From: Kiran Malancharuvil
>>>>>>>> 
>>>>>>>> 
>>>>>>>> <Kiran.Malancharuvil at markmonitor.com<mailto:Kiran.Malancharuvil at mark
>>>>>>>> m
>>>>>>>> oni
>>>>>>>> to
>>>>>>>> r.com>>
>>>>>>>> Date: Friday, May 1, 2015 at 20:25
>>>>>>>> To: Susan Kawaguchi <susank at fb.com<mailto:susank at fb.com>>,
>>>>>>>> "Prosser,
>>>>>>>> Susan" <susan at domaintools.com<mailto:susan at domaintools.com>>, Frank
>>>>>>>> Michlick <frank at domaincocoon.com<mailto:frank at domaincocoon.com>>,
>>>>>>>> "mary.wong at icann.org<mailto:mary.wong at icann.org>"
>>>>>>>> <mary.wong at icann.org<mailto:mary.wong at icann.org>>
>>>>>>>> Cc: PPSAI WG
>>>>>>>> <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>>
>>>>>>>> Subject: Re: [Gnso-ppsai-pdp-wg] Our Statement/Kiran's Statement
>>>>>>>> 
>>>>>>>> Mary,
>>>>>>>> 
>>>>>>>> Can you also add Jim Bikoff, David Heasley and Val Sherman from
>>>>>>>> Smith, Gambrell and Russell to the statement?  Please retain “on
>>>>>>>> behalf of the proponents of the transactional distinction.”
>>>>>>>> 
>>>>>>>> Thanks,
>>>>>>>> 
>>>>>>>> Kiran
>>>>>>>> 
>>>>>>>> From: Kiran Malancharuvil
>>>>>>>> Sent: Friday, May 01, 2015 9:34 AM
>>>>>>>> To: 'Susan Kawaguchi'; Prosser, Susan; Frank Michlick;
>>>>>>>> mary.wong at icann.org<mailto:mary.wong at icann.org>
>>>>>>>> Cc: gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
>>>>>>>> Subject: RE: [Gnso-ppsai-pdp-wg] Our Statement/Kiran's Statement
>>>>>>>> 
>>>>>>>> Fantastic.  Mary, please add the signatories mentioned
>>>>>>>> (LegitScript,
>>>>>>>> DomainTools, Facebook) as well as MarkMonitor (company name, not
>>>>>>>> individual) “on behalf of the proponents of the transactional
>>>>>>>> distinction.”
>>>>>>>> 
>>>>>>>> Thanks,
>>>>>>>> 
>>>>>>>> Kiran
>>>>>>>> 
>>>>>>>> 
>>>>>>>> 
>>>>>>>> From:gnso-ppsai-pdp-wg-bounces at icann.org<mailto:gnso-ppsai-pdp-wg-bo
>>>>>>>> u
>>>>>>>> nce
>>>>>>>> s@
>>>>>>>> icann.org> [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf
>>>>>>>> Of
>>>>>>>> Susan Kawaguchi
>>>>>>>> Sent: Friday, May 01, 2015 9:27 AM
>>>>>>>> To: Prosser, Susan; Frank Michlick
>>>>>>>> Cc: gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
>>>>>>>> Subject: Re: [Gnso-ppsai-pdp-wg] Our Statement/Kiran's Statement
>>>>>>>> 
>>>>>>>> Facebook can also be added to the supplemental statement Susan
>>>>>>>> Kawaguchi Domain Name Manager Facebook Legal Dept.
>>>>>>>> 
>>>>>>>> Phone - 650 485-6064
>>>>>>>> 
>>>>>>>> From: <Prosser>, Susan
>>>>>>>> <susan at domaintools.com<mailto:susan at domaintools.com>>
>>>>>>>> Date: Friday, May 1, 2015 at 9:12 AM
>>>>>>>> To: Frank Michlick
>>>>>>>> <frank at domaincocoon.com<mailto:frank at domaincocoon.com>>
>>>>>>>> Cc: 
>>>>>>>> "gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>"
>>>>>>>> <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>>
>>>>>>>> Subject: Re: [Gnso-ppsai-pdp-wg] Our Statement/Kiran's Statement
>>>>>>>> 
>>>>>>>> DomainTools can be added as a reference to Kiran's supplemental
>>>>>>>> statement  as well.
>>>>>>>> 
>>>>>>>> -Susan
>>>>>>>> 
>>>>>>>> 
>>>>>>>> On Fri, May 1, 2015 at 7:14 AM, Frank Michlick
>>>>>>>> <frank at domaincocoon.com<mailto:frank at domaincocoon.com>> wrote:
>>>>>>>> Kiran,
>>>>>>>> 
>>>>>>>> I appreciate that you were able to put this together under the time
>>>>>>>> restrictions in place. Thank you also to John Horton who added his
>>>>>>>> company name to the list.
>>>>>>>> 
>>>>>>>> If you cannot name companies though due to the need to get
>>>>>>>> approval,
>>>>>>>> maybe you could name the individuals (or they could speak up here)
>>>>>>>> that support/worded the statement.
>>>>>>>> 
>>>>>>>> So far we've got:
>>>>>>>> 
>>>>>>>> * Kiran Malancharuvil, Internet Policy Counselor, MarkMonitor
>>>>>>>> * Legitscript
>>>>>>>> 
>>>>>>>> I do think that any statement included with this report should be
>>>>>>>> attributable to the supporters/authors so the reader can take the
>>>>>>>> background into account when reviewing the statements. Comments
>>>>>>>> that
>>>>>>>> are  not clearly attributable, could  potentially weigh less in the
>>>>>>>> eye of  the reader.
>>>>>>>> 
>>>>>>>> @Staff: Is there a way for you to include the authors/proponents in
>>>>>>>> a statement after its submission?
>>>>>>>> 
>>>>>>>> Best regards,
>>>>>>>> /Frank
>>>>>>>> --
>>>>>>>> Registrar Consultant - DomainCocoon Inc.
>>>>>>>> 
>>>>>>>>> On 2015-05-01 9:34 AM, Kiran Malancharuvil wrote:
>>>>>>>>> They are referenced as we had time to reference them in the
>>>>>>>>> submission.
>>>>>>>>> 
>>>>>>>>> Keep in mind that we are, for the most part not individuals, but
>>>>>>>>> companies and constituencies. Using company names is not feasible
>>>>>>>>> when we are given two days to seek approval for a consolidated
>>>>>>>>> statement.
>>>>>>>>> 
>>>>>>>>> If you want to know who was a proponent of this distinction, you
>>>>>>>>> can go  back to transcripts and the list to parse out that
>>>>>>>>> information.
>>>>>>>>> 
>>>>>>>>> K
>>>>>>>>> 
>>>>>>>>> Kiran Malancharuvil
>>>>>>>>> Internet Policy Counselor
>>>>>>>>> MarkMonitor
>>>>>>>>> 415-419-9138<tel:415-419-9138> (m)
>>>>>>>>> 
>>>>>>>>> Sent from my mobile, please excuse any typos.
>>>>>>>>> 
>>>>>>>>>> On May 1, 2015, at 6:30 AM, Michele Neylon - Blacknight
>>>>>>>>>> <michele at blacknight.com<mailto:michele at blacknight.com>> wrote:
>>>>>>>>>> 
>>>>>>>>>> Kiran
>>>>>>>>>> 
>>>>>>>>>> So who are the proponents of this position and how should they be
>>>>>>>>>> referenced?
>>>>>>>>>> 
>>>>>>>>>> In the case of Kathy & Co they are named clearly in the
>>>>>>>>>> submission
>>>>>>>>>> 
>>>>>>>>>> Regards
>>>>>>>>>> 
>>>>>>>>>> Michele
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> --
>>>>>>>>>> Mr Michele Neylon
>>>>>>>>>> Blacknight Solutions
>>>>>>>>>> Hosting, Colocation & Domains
>>>>>>>>>> http://www.blacknight.host/
>>>>>>>>>> http://blog.blacknight.com/
>>>>>>>>>> http://www.blacknight.press - get our latest news & media
>>>>>>>>>> coverage
>>>>>>>>>> http://www.technology.ie Intl. +353 (0) 59
>>>>>>>>>> 9183072<tel:%2B353%20%280%29%2059%20%209183072>
>>>>>>>>>> Direct Dial: +353 (0)59 9183090<tel:%2B353%20%280%2959%209183090>
>>>>>>>>>> Social: http://mneylon.social
>>>>>>>>>> Random Stuff: http://michele.irish
>>>>>>>>>> -------------------------------
>>>>>>>>>> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business
>>>>>>>>>> Park,Sleaty Road,Graiguecullen,Carlow,Ireland  Company No.:
>>>>>>>>>> 370845
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>> 
>>>>>>>>>>> On 01/05/2015 04:47, "Kiran Malancharuvil"
>>>>>>>>>>> 
>>>>>>>>>>> 
>>>>>>>>>>> <Kiran.Malancharuvil at markmonitor.com<mailto:Kiran.Malancharuvil at m
>>>>>>>>>>> a
>>>>>>>>>>> rkm
>>>>>>>>>>> on
>>>>>>>>>>> itor.com>> wrote:
>>>>>>>>>>> 
>>>>>>>>>>> Incidentally, I would note that the characterization of the
>>>>>>>>>>> statement  as "Kirans statement" is incorrect. As stated before
>>>>>>>>>>> in
>>>>>>>>>>> several messes  and as made clear in the text, the statement is
>>>>>>>>>>> from the proponents of  the transactional distinction.
>>>>>>>>>>> 
>>>>>>>>>>> Kiran Malancharuvil
>>>>>>>>>>> Internet Policy Counselor
>>>>>>>>>>> MarkMonitor
>>>>>>>>>>> 415-419-9138<tel:415-419-9138> (m)
>>>>>>>>>>> 
>>>>>>>>>>> Sent from my mobile, please excuse any typos.
>>>>>>>>>>> 
>>>>>>>>>>>> On Apr 30, 2015, at 8:19 PM, Mary Wong
>>>>>>>>>>>> <mary.wong at icann.org<mailto:mary.wong at icann.org>> wrote:
>>>>>>>>>>>> 
>>>>>>>>>>>> We will reflect this change in the final text, thanks.
>>>>>>>>>>>> 
>>>>>>>>>>>> Cheers
>>>>>>>>>>>> Mary
>>>>>>>>>>>> 
>>>>>>>>>>>> Mary Wong
>>>>>>>>>>>> Senior Policy Director
>>>>>>>>>>>> Internet Corporation for Assigned Names & Numbers (ICANN)
>>>>>>>>>>>> Telephone: +1 603 574 4892<tel:%2B1%20603%20574%204892>
>>>>>>>>>>>> Email: mary.wong at icann.org<mailto:mary.wong at icann.org>
>>>>>>>>>>>> 
>>>>>>>>>>>> 
>>>>>>>>>>>> 
>>>>>>>>>>>> 
>>>>>>>>>>>> 
>>>>>>>>>>>> 
>>>>>>>>>>>> -----Original Message-----
>>>>>>>>>>>> From: Kiran Malancharuvil
>>>>>>>>>>>> 
>>>>>>>>>>>> 
>>>>>>>>>>>> <Kiran.Malancharuvil at markmonitor.com<mailto:Kiran.Malancharuvil@
>>>>>>>>>>>> m
>>>>>>>>>>>> ark
>>>>>>>>>>>> mo
>>>>>>>>>>>> nitor.com>>
>>>>>>>>>>>> Date: Thursday, April 30, 2015 at 22:30
>>>>>>>>>>>> To: Kathy Kleiman
>>>>>>>>>>>> <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>>
>>>>>>>>>>>> Cc:
>>>>>>>>>>>> 
>>>>>>>>>>>> "gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
>>>>>>>>>>>> "
>>>>>>>>>>>> 
>>>>>>>>>>>> 
>>>>>>>>>>>> <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
>>>>>>>>>>>>> 
>>>>>>>>>>>> Subject: Re: [Gnso-ppsai-pdp-wg] Our Statement/Kiran's
>>>>>>>>>>>> Statement
>>>>>>>>>>>> 
>>>>>>>>>>>>> We changed that to "these members of the PPSAI working group."
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Kiran Malancharuvil
>>>>>>>>>>>>> Internet Policy Counselor
>>>>>>>>>>>>> MarkMonitor
>>>>>>>>>>>>> 415-419-9138<tel:415-419-9138> (m)
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Sent from my mobile, please excuse any typos.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> On Apr 30, 2015, at 7:26 PM, Kathy Kleiman
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com><mailto:k
>>>>>>>>>>>>> a
>>>>>>>>>>>>> thy
>>>>>>>>>>>>> @k
>>>>>>>>>>>>> athykleiman.com<mailto:kathy at kathykleiman.com>>> wrote:
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Hi John,
>>>>>>>>>>>>> Thanks, but I think the "and" is correct and I would leave "as
>>>>>>>>>>>>> is."
>>>>>>>>>>>>> 
>>>>>>>>>>>>> What I do object to though, is the conclusion of Kiran's
>>>>>>>>>>>>> statement which, although a Minority Statement, represents
>>>>>>>>>>>>> itself [as soliciting input on behalf of the entire PPSAI WG.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Steve, Graeme and Mary,
>>>>>>>>>>>>> I strongly request a change of "The PPSAI Working Group
>>>>>>>>>>>>> therefore  desires  public comment" to "The drafters of this
>>>>>>>>>>>>> supplemental statement  desire  public comment..."
>>>>>>>>>>>>> (current text) "The PPSAI Working Group therefore desires
>>>>>>>>>>>>> public  comment on the issue of encouraging transparent,
>>>>>>>>>>>>> non-anonymous  WHOIS data  for persons and entities engaged in
>>>>>>>>>>>>> active transactional commercial  activity and provides the
>>>>>>>>>>>>> above-referenced white
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> paper<https://www.legitscript.com/download/White_Paper_-_Commer
>>>>>>>>>>>>> c
>>>>>>>>>>>>> ial
>>>>>>>>>>>>> _U
>>>>>>>>>>>>> se_-_
>>>>>>>>>>>>> Jurisdictional_Analysis-May_11_2014.pdf> as background for
>>>>>>>>>>>>> consideration."
>>>>>>>>>>>>> We (as a whole WG) desire public comment on the issue as
>>>>>>>>>>>>> framed
>>>>>>>>>>>>> in  the  main report.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Please confirm that this will change because Kiran's statement
>>>>>>>>>>>>> speaks only for its group.
>>>>>>>>>>>>> Tx,
>>>>>>>>>>>>> Kathy
>>>>>>>>>>>>> :
>>>>>>>>>>>>> Hi Kathy,
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Thanks for this. No objection here. One clarification: Is
>>>>>>>>>>>>> "mothers and seniors" accurate, or should it be "mothers or
>>>>>>>>>>>>> seniors"? I think the way it is currently written, someone
>>>>>>>>>>>>> could interpret you to be talking about mothers who are also
>>>>>>>>>>>>> senior citizens, which can certainly be true in the literal
>>>>>>>>>>>>> sense, but I believe that your intent is to be broader and
>>>>>>>>>>>>> note
>>>>>>>>>>>>> that while some home-based business are (impliedly) merely run
>>>>>>>>>>>>> by men or young folk, that some home-based businesses are run
>>>>>>>>>>>>> by mothers, while others are run by seniors, irrespective of
>>>>>>>>>>>>> their gender. I just wonder if the disjunctive might be better
>>>>>>>>>>>>> than the conjunctive in this particular case?
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Thanks!
>>>>>>>>>>>>> 
>>>>>>>>>>>>> John Horton
>>>>>>>>>>>>> President and CEO, LegitScript
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Follow LegitScript:
>>>>>>>>>>>>> LinkedIn<http://www.linkedin.com/company/legitscript-com>  |
>>>>>>>>>>>>> Facebook<https://www.facebook.com/LegitScript>  |
>>>>>>>>>>>>> Twitter<https://twitter.com/legitscript>  |
>>>>>>>>>>>>> YouTube<https://www.youtube.com/user/LegitScript>  |
>>>>>>>>>>>>> Blog<http://blog.legitscript.com>  |
>>>>>>>>>>>>> Google+<https://plus.google.com/112436813474708014933/posts>
>>>>>>>>>>>>> 
>>>>>>>>>>>>> On Thu, Apr 30, 2015 at 2:04 PM, Kathy Kleiman
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com><mailto:k
>>>>>>>>>>>>> a
>>>>>>>>>>>>> thy
>>>>>>>>>>>>> @k
>>>>>>>>>>>>> athykleiman.com<mailto:kathy at kathykleiman.com>>> wrote:
>>>>>>>>>>>>> Dear Graeme, Steve, Mary and All,  Attached please find our
>>>>>>>>>>>>> supplemental statement for inclusion in the  Interim Report.
>>>>>>>>>>>>> Mary, could you please use the attached Word  version as  it
>>>>>>>>>>>>> has
>>>>>>>>>>>>> the formatting and highlights we seek to show in the
>>>>>>>>>>>>> published
>>>>>>>>>>>>> version.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> I include a pasted version below for easy reading.
>>>>>>>>>>>>> Best,
>>>>>>>>>>>>> Kathy
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> ---------------------------------------------------------------
>>>>>>>>>>>>> -
>>>>>>>>>>>>> ---
>>>>>>>>>>>>> --
>>>>>>>>>>>>> -----
>>>>>>>>>>>>> -------
>>>>>>>>>>>>> Statement of Kathy Kleiman, James Gannon and Stephanie Perrin,
>>>>>>>>>>>>> Members of  the Noncommercial Stakeholders Group
>>>>>>>>>>>>> 
>>>>>>>>>>>>> We respectfully submit that Section 1.3.3, 1.3.3, Specific
>>>>>>>>>>>>> Topics on  which there is currently no consensus within the
>>>>>>>>>>>>> WG,
>>>>>>>>>>>>> of this PPSAI  Executive Summary and Interim Report is
>>>>>>>>>>>>> incomplete.  There are a  number  of topics on which there is
>>>>>>>>>>>>> currently no consensus within the WG and  which need
>>>>>>>>>>>>> considerable work. These are issues well known and deeply
>>>>>>>>>>>>> discussed.
>>>>>>>>>>>>> For the purposes of clarity and to lend depth to the comments
>>>>>>>>>>>>> and  discussion to come, we submit this statement of how we
>>>>>>>>>>>>> would like  to see  Section 1.3.3 written.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> ---------------------------------------------------------------
>>>>>>>>>>>>> -
>>>>>>>>>>>>> ---
>>>>>>>>>>>>> --
>>>>>>>>>>>>> -----
>>>>>>>>>>>>> -------------------------------------------
>>>>>>>>>>>>> 1.3.3, Specific Topics on which there is currently no
>>>>>>>>>>>>> consensus
>>>>>>>>>>>>> within  the WG
>>>>>>>>>>>>> 1.3.3.1 REVEAL
>>>>>>>>>>>>> The WG¹s has not yet reached final preliminary conclusions on
>>>>>>>>>>>>> key  details  of its ³Reveal² recommendations (See Annex E of
>>>>>>>>>>>>> the Interim Report).
>>>>>>>>>>>>> There are many details still under discussion and for which
>>>>>>>>>>>>> the
>>>>>>>>>>>>> WG  has  not reached consensus. These include:
>>>>>>>>>>>>> 
>>>>>>>>>>>>> -          What remedies should a Customer be allowed in the
>>>>>>>>>>>>> event
>>>>>>>>>>>>> that a
>>>>>>>>>>>>> Reveal Request was falsely made or the data was improperly
>>>>>>>>>>>>> used
>>>>>>>>>>>>> (current recommendations provide mechanism only for Provider
>>>>>>>>>>>>> action)?
>>>>>>>>>>>>> 
>>>>>>>>>>>>> -          Should Requestors be allowed to escalate each and
>>>>>>>>>>>>> every
>>>>>>>>>>>>> rejection of a Reveal Request to a 3rd party forum, or should
>>>>>>>>>>>>> the  WG seek  to adopt reasonable standards and thresholds for
>>>>>>>>>>>>> such appeals to  avoid  unnecessary and time-consuming
>>>>>>>>>>>>> appeals?
>>>>>>>>>>>>> (Note: a Request for  Reconsideration is already a part of the
>>>>>>>>>>>>> recommended process the WG  has  agreed to by consensus.)
>>>>>>>>>>>>> 
>>>>>>>>>>>>> -          What rights and protections should a Customer be
>>>>>>>>>>>>> allowed
>>>>>>>>>>>>> and
>>>>>>>>>>>>> encouraged to forth in her/his/its own defense to provide a
>>>>>>>>>>>>> reasonable  defense for maintaining her/his/its privacy, even
>>>>>>>>>>>>> in
>>>>>>>>>>>>> the face of a  copyright or trademark infringement allegation?
>>>>>>>>>>>>> 
>>>>>>>>>>>>> -          How can Customers be protected from
>>>>>>>>>>>>> extraterritorial
>>>>>>>>>>>>> requests
>>>>>>>>>>>>> from Law Enforcement from outside their country, when the use
>>>>>>>>>>>>> of  their  domain name is for legal purposes in their own
>>>>>>>>>>>>> country, but perhaps  purposes deemed illegal in other
>>>>>>>>>>>>> countries
>>>>>>>>>>>>> [Note: even Interpol  refuses  to act across national lines in
>>>>>>>>>>>>> matters of political, military,  religious  and racial issues
>>>>>>>>>>>>> because of the enormous differences of law.
>>>>>>>>>>>>> Article 3,
>>>>>>>>>>>>> Interpol Constitution]
>>>>>>>>>>>>> Input and comments would be helpful on these issues.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 1.3.3.2 THE COMPLEXITIES OF INTRUDING INTO NATIONAL LAW
>>>>>>>>>>>>> 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[1][1], 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. [1]  Other members of the WG
>>>>>>>>>>>>> noted that fundraising and membership  drives are  often
>>>>>>>>>>>>> performed by the very groups and organizations seeking
>>>>>>>>>>>>> privacy/proxy registration for protection, including minority
>>>>>>>>>>>>> political  groups, minority religious organizations, ethnic
>>>>>>>>>>>>> groups,  organizations  committed to change of racial
>>>>>>>>>>>>> policies,
>>>>>>>>>>>>> gender orientation groups,  and  publications engaged in
>>>>>>>>>>>>> freedom
>>>>>>>>>>>>> of expression. These groups and  their  representatives note
>>>>>>>>>>>>> that, in the laws of their countries, the mere  collection of
>>>>>>>>>>>>> a
>>>>>>>>>>>>> donation or membership fee does not change their  status  from
>>>>>>>>>>>>> ³non-commercial² to commercial. Others noted that ³non-profit²
>>>>>>>>>>>>> status is limited to only a few countries.
>>>>>>>>>>>>> Further, many of organizations, small businesses, home-based
>>>>>>>>>>>>> businesses  (including those run by mothers and seniors)
>>>>>>>>>>>>> conduct
>>>>>>>>>>>>> their financial  transactions through 3rd party e-commerce
>>>>>>>>>>>>> companies, such as  PayPal, and  thus are not processing the
>>>>>>>>>>>>> financial transactions directly.
>>>>>>>>>>>>> Accordingly,
>>>>>>>>>>>>> many members in the WG submit there is no reason to breach the
>>>>>>>>>>>>> proxy/privacy of organizations and businesses purely and
>>>>>>>>>>>>> solely
>>>>>>>>>>>>> for  this  reason.
>>>>>>>>>>>>> Many members many in the WG submit that content regulation is
>>>>>>>>>>>>> far  beyond  the scope of ICANN and properly the scope of
>>>>>>>>>>>>> national laws ­ some of  which has taken initiatives in this
>>>>>>>>>>>>> area which are clearly defined  and  properly limited in scope
>>>>>>>>>>>>> and application (e.g., Germany).
>>>>>>>>>>>>> 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  This suggestion has been debated strongly by
>>>>>>>>>>>>> the members of the WG  and  has not reached consensus as
>>>>>>>>>>>>> others
>>>>>>>>>>>>> submitted that:
>>>>>>>>>>>>> "Attempting to distinguish the end purposes of a domain
>>>>>>>>>>>>> registration is  not practicable for the purposes of
>>>>>>>>>>>>> determining
>>>>>>>>>>>>> eligibility for  privacy/proxy services, and will unfairly
>>>>>>>>>>>>> discriminate against  vulnerable  groups, entrepreneurs, small
>>>>>>>>>>>>> businesses and organizations who wish  to  exercise their
>>>>>>>>>>>>> rights
>>>>>>>>>>>>> of freedom of expression rights on the  Internet.
>>>>>>>>>>>>> Input requested on the full issues, including questions below:
>>>>>>>>>>>>> €        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?
>>>>>>>>>>>>> €        Is this type of content regulation outside of ICANN's
>>>>>>>>>>>>> scope and
>>>>>>>>>>>>> mandate and the proper province of national law?
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> ________________________________
>>>>>>>>>>>>> 
>>>>>>>>>>>>> [1] The WG notes that the WHOIS RT had specifically
>>>>>>>>>>>>> acknowledged that P/P services can be and are used to address
>>>>>>>>>>>>> legitimate interests, both commercial and non-commercial.
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>>> Gnso-ppsai-pdp-wg mailing list
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> Gnso-ppsai-pdp-wg at icann.org<mailto:Gnso-ppsai-pdp-wg at icann.org>
>>>>>>>>>>>>> <
>>>>>>>>>>>>> mai
>>>>>>>>>>>>> lt
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> o:Gnso-ppsai-pdp-wg at icann.org<mailto:Gnso-ppsai-pdp-wg at icann.or
>>>>>>>>>>>>> g
>>>>>>>>>>>>>>> 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>
>>>>>>>>>>>>> <
>>>>>>>>>>>>> mai
>>>>>>>>>>>>> lt
>>>>>>>>>>>>> 
>>>>>>>>>>>>> 
>>>>>>>>>>>>> o:Gnso-ppsai-pdp-wg at icann.org<mailto:Gnso-ppsai-pdp-wg at icann.or
>>>>>>>>>>>>> g
>>>>>>>>>>>>>>> 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
>>>>>>>>>>>> _______________________________________________
>>>>>>>>>>>> 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
>>>>>>>>> _______________________________________________
>>>>>>>>> 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
>>>>>>>> 
>>>>>>>> _______________________________________________
>>>>>>>> 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
>>>> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
>>> 
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