[gnso-rds-pdp-wg] Apologies, and some reflections on requirements

[Mark Svancarek]

I think it's perfectly reasonable to expect accurate WhoIs data, proxy services included, so long as contracts are enforced.  That isn't the case today as far as I can tell, but with ICANN under new management I think we should hold ICANN, registries, registrars AND proxy providers accountable to provide good data with penalties consistently enforced.

-----Original Message-----
From: gnso-rds-pdp-wg-bounces at icann.org [mailto:gnso-rds-pdp-wg-bounces at icann.org] On Behalf Of Andrew Sullivan
Sent: Thursday, June 30, 2016 11:07 PM
To: gnso-rds-pdp-wg at icann.org
Subject: Re: [gnso-rds-pdp-wg] Apologies, and some reflections on requirements

On Thu, Jun 30, 2016 at 07:51:58PM +0000, Mark Svancarek wrote:
> One more comment regarding who collects the data and who they share it with: privacy proxy services can sit between the registrant and registrar - Andrew's models didn't explicitly  mention that.   Keep that in mind when we discuss what is collected, who its shared with, and where its stored.
> 

Well, yes, but from the point of view of the registration system the registrant is actually the proxy service.  The "real" registrant in effect has an agreement with the proxy service that the proxy service will abide by the "real" registrant's instructions.  It's a matter of contract whether that happens, of course -- the registrar simply can't tell who the "real" registrant is.

I sort of alluded to this in my original remarks.  This is also part of the reason why I think the entire "accurate whois data" shuffle is such an absurd waste of time.  There is literally no way to prevent these kinds of proxy registrations from happening, because the actual proxy activity happens outside the registration context.  One can of course make them more expensive with increasingly baroque rules, but that's not the same thing as somehow managing to make them disappear.

(Compare this with the "sublet" market for rent-controlled apartments in some jurisdictions in order to see why this is the case.)

Best regards,

A

--
Andrew Sullivan
ajs at anvilwalrusden.com
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