[Gnso-ppsai-pdp-wg] Proposed language concerning lawyers and P/P services

[Stephanie Perrin]

I don't find this wording acceptable.  Firstly, we had several rounds of 
discussion on this in the Working group, it sounds in this formulation 
as if it had not come up in the working group.
Secondly, we are not proposing that ICANN regulate attorney client 
relationships.  Are we not regulating Privacy Proxy service providers?  
If lawyers are P/P providers, I see no reason to exempt them.  Thirdly, 
the issue of whether lawyers will become the major tool for criminals to 
escape (or delay significantly, almost as good) revelation of their 
identities is huge and is well within our remit to discuss.  If indeed 
having a special class of unregulated PP providers does indeed drive 
traffic to the lawyers it makes our efforts somewhat in vain.  I will 
leave it to the PP providers present to make the argument about unfair 
competition.
Cheers Stephanie

On 2015-10-19 11:33, Mary Wong wrote:
> Dear WG members,
> As you’ll recall, at our face to face meeting on Friday, the WG 
> discussed whether there is a need to clarify whether the WG”s proposed 
> definition of P/P services includes, or should expressly exclude, 
> lawyers and attorneys who, as service providers, do proxy service 
> registrations for clients in light of concerns over the impact on the 
> right to counsel. The co-chairs would like to offer the following 
> language for your further discussion:
>
> "The issue of whether or not accreditation standards would apply to 
> attorneys was raised in public comments.  However, we believe it is 
> outside of ICANN’s remit to regulate attorney/client relationships and 
> we believe that ICANN should avoid attempting to do so in any 
> implementation of our proposed policy.”
>
> Please feel free to continue the discussion via email to this list.
>
> Thanks and cheers
> Mary
>
> Mary Wong
> Senior Policy Director
> Internet Corporation for Assigned Names & Numbers (ICANN)
> Telephone: +1 603 574 4889
> Email: mary.wong at icann.org
>
>
>
>
> _______________________________________________
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