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

McGrady, Paul D. PMcGrady at winston.com
Tue Oct 20 14:11:18 UTC 2015

Unfortunately, it isn't possible to buy into the fictional premise  that attorneys and privacy/proxy services are fungible, which premise underpins these arguments that ICANN should meddle in the attorney-client relationship.    

-----Original Message-----
From: gnso-ppsai-pdp-wg-bounces at icann.org [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Novoa, Osvaldo
Sent: Tuesday, October 20, 2015 7:51 AM
To: Stephanie Perrin
Cc: gnso-ppsai-pdp-wg at icann.org
Subject: Re: [Gnso-ppsai-pdp-wg] Proposed language concerning lawyers and P/P services

If our recommendations leave any type of p/p provider out, our work would have been for nothing.
Either we just leave p/p services open to everybody or we go over all our work and see what should be change in order not to infringe on the attorney/client relationship, so that we have one set of regulations for all the p/p service providers.  This point has been discussed inside our constituency and my position reflects the ISPCP stand.
Best regards,

El 20 oct. 2015, a las 12:36 p.m., Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> escribió:

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 Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4889
Email: mary.wong at icann.org<mailto:mary.wong at icann.org>

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