[Gnso-rds-pdp-6] DT6 Answers to Questions - First Draft for DT Review

Thu Mar 1 19:52:59 UTC 2018

Thank you Chuck. Lets see what Griffin has to say since he specifically
mentions "content" in the comment I have copy pasted.

In response to this:*[Chuck Gomes] Part of ICANN’s mission is to coordinate
activities associated with domain names, so if there is a possible legal
action associated with a domain name, wouldn’t that be related to ICANN’s
mission?*

As you said coordinate regarding "domain names". Not content. Also, not all
activities associated with domain names relate to ICANN's mission.

Farzaneh

On Thu, Mar 1, 2018 at 2:37 PM, Chuck <consult at cgomes.com> wrote:

> Thanks, Farzaneh and Griffin for your input.  I encourage others to
> respond to your comments.
>
>
>
> Keeping in mind that my roll is to coordinate our task, I am going to make
> some points and ask some questions that are intended to encourage further
> discussion.  Please do not take my comments as pushing one view over
> another.
>
>
>
> First, from a process point of view, remember that our task is to answer
> the three questions, not to determine whether legal actions is a legitimate
> purpose for processing any RDS data.  The WG as a whole will debate that
> after we get a better understanding of the proposed legal actions purpose.
> The DTs are not presently asked to redo the definitions so I suggest that
> we accept them as they are for now with the understanding that they may
> have to be revisited later when the WG tries to decide whether legal
> actions is a legitimate purpose for processing any RDS data.
>
>
>
> See below for some additional input.
>
>
>
> Chuck
>
>
>
> *From:* farzaneh badii [mailto:farzaneh.badii at gmail.com]
> *Sent:* Thursday, March 1, 2018 9:57 AM
> *To:* Griffin Barnett <Griffin at winterfeldt.law>
> *Cc:* Chuck <consult at cgomes.com>; gnso-rds-pdp-6 at icann.org
> *Subject:* Re: [Gnso-rds-pdp-6] DT6 Answers to Questions - First Draft
> for DT Review
>
>
>
> Hi Chuck and Griffin,
>
>
>
> The purpose of legal action should be in line with ICANN mission.
>
> *[Chuck Gomes] Part of ICANN’s mission is to coordinate activities
> associated with domain names, so if there is a possible legal action
> associated with a domain name, wouldn’t that be related to ICANN’s mission?*
>
> This does not appear in the document especially the additions provided by
> Griffin.
>
> *[Chuck Gomes] As I said above, it is not our job at this point to decide
> whether legal actions are a legitimate purpose for processing any RDS data,
> so I don’t see how putting that in this document is relevant.*
>
> ICANN should not facilitate content takedown and we have Bylaws provisions
> that certainly attest to that. Griffin states that:" the purpose would be
> to determine the identity of the web hosting provider associated with any
> content located at the domain name and what is the hosting provider's
> jurisdiction." There is no need to identify web hosting providers as long
> as it does not relate to ICANN mission and it will be against ICANN bylaws.
>
> *[Chuck Gomes] I don’t think that is what Griffin said.  Here is what I
> think he said and he can correct me if I am wrong: ‘For the proposed legal
> actions purpose, the hosting provider and its jurisdiction should be
> identified so that it could be contacted if needed.’  That is a direct
> answer to the first question.  We in this DT and the full WG can debate
> whether the hosting provider should be added to answer for question 1.  I
> can personally see some problems with that: 1) hosting providers do not
> necessarily have any contractual relationship with registrars, so it would
> be difficult for registrars to fulfill such an RDS requirement unless they
> provide that service for the registrant; 2) domain name hosting is not a
> required service for registrars.*
>
>
>
>
>
> Also I think the definition is frankly too broad and I think we mentioned
> this in Abu Dhabi.
>
> *[Chuck Gomes] See my comment above.*
>
>
>
> Definition: The “legal actions” purpose of RDS includes assisting certain
> parties( or their legal
>
> representatives, agents or service providers) to investigate and enforce
> civil and criminal laws, protect
>
> recognized legal rights, address online abuse or contractual compliance
> matters, or to assist parties
>
> defending against these kinds of activities, in each case with respect to
> all stages associated with such
>
> activities, including: investigative stages; communications with
> registrants, registration authorities or
>
> hosting providers, or administrative or technical personnel relevant to
> the domain at issue; arbitrations;
>
> administrative proceedings; civil litigations (private or public); and
> criminal prosecutions.
>
>
>
>
>
> All the abovementioned activities should take place to help ICANN carry
> out its mission and nothing more.
>
> *[Chuck Gomes] In fulfilling its mission, ICANN has to obey applicable
> laws as do registries and registrars.  Obeying a particular law may or may
> not help ICANN carry out its mission but it would still have to be obeyed.*
>
>
>
> Additionally, we need to clarify what we mean by legal authority.
>
> *[Chuck Gomes] Let’s not get hung up on that here.  In implementation that
> would have to be done.*
>
>
>
> Best
>
>
>
> Farzaneh
>
>
>
>
>
>
> Farzaneh
>
>
>
> On Thu, Mar 1, 2018 at 12:06 PM, Griffin Barnett <Griffin at winterfeldt.law>
> wrote:
>
> Thanks for the reminder Chuck.  Please find some comments in the attached.
>
>
>
> Best,
>
>
>
> Griffin
>
>
> ------------------------------
>
> <https://www.winterfeldt.law/>[image:
> https://daks2k3a4ib2z.cloudfront.net/59358b8cf7332631232417e8/595fb59d73c5b113a1d2a61b_WIPG_LogoMark.png]
> <https://www.winterfeldt.law/> <https://www.winterfeldt.law/>
>
> *Griffin M. Barnett*
>
> Associate
>
> Winterfeldt IP Group
>
> 1200 17th St NW, Ste 501
>
> Washington, DC  20036
>
> griffin at winterfeldt.law
>
> +1 202 759 5836 <(202)%20759-5836>
>
>
>
>
>
>
>
>
>
> *From:* Gnso-rds-pdp-6 [mailto:gnso-rds-pdp-6-bounces at icann.org] *On
> Behalf Of *Chuck
> *Sent:* Thursday, March 1, 2018 12:03 PM
> *To:* gnso-rds-pdp-6 at icann.org
> *Subject:* [Gnso-rds-pdp-6] DT6 Answers to Questions - First Draft for DT
> Review
> *Importance:* High
>
>
>
> It would be very helpful if each of you could provide your first thoughts
> on the attached draft TODAY.  Note that it is just slightly over one page
> long.
>
>
>
> Chuck
>
>
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>
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