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

Tue Oct 20 17:03:22 UTC 2015

Kathy - agree.  It will be a challenge on a form of words, but it
does address the issue well

Holly 

----- Original Message -----
From: "Kathy Kleiman" 
To:
Cc:
Sent:Tue, 20 Oct 2015 11:21:15 -0400
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 [1]
[mailto:gnso-ppsai-pdp-wg-bounces at icann.org [2]] On Behalf Of Novoa,
Osvaldo Sent: Tuesday, October 20, 2015 7:51 AM To: Stephanie Perrin
Cc: gnso-ppsai-pdp-wg at icann.org [3] 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  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 [6] [7]
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