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

Tue Oct 20 15:53:28 UTC 2015

+1 Kathy.  That all makes sense.

From: gnso-ppsai-pdp-wg-bounces at icann.org [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Kathy Kleiman
Sent: Tuesday, October 20, 2015 11:21 AM
To: gnso-ppsai-pdp-wg at icann.org
Subject: Re: [Gnso-ppsai-pdp-wg] Proposed language concerning lawyers and P/P services

All,
I think we may be going down a slightly misplaced path. The problem is the premise: the concept that registrars will not take registrations from unaffiliated p/p providers. We can begin the process of creating carve-outs, but that's a long path: web designers, children registering domain names for parents, parents registering domain names for school organizations don't even know they will be considered unaccredited providers.

Why don't define much more precisely what we mean and have discussed throughout our 2 years of work: that Registrars will not take registrations on their websites (using their DN registration systems) using proxy/privacy service providers who are not accredited through the process we have created.

Third parties such as attorneys, web designers, people registering domain names for their clubs, organizations and service groups will not need to be accredited by ICANN at this point in time. If they did, they would be in front of us, like the lawyers, arguing for an exception.

Best,
Kathy
On 10/20/2015 10:11 AM, McGrady, Paul D. wrote:

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> [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<mailto:gnso-ppsai-pdp-wg at icann.org>

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

+1

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,

Osvaldo

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><mailto: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

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><mailto:mary.wong at icann.org><mailto:mary.wong at icann.org>

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