[gnso-igo-wt] EPDP Final Report - Round 2 - Non-Substantive Edits

Mary Wong mary.wong at icann.org
Tue Mar 22 17:54:42 UTC 2022


Hello Brian and everyone,

Thanks for highlighting the Registrar Accreditation Agreement and the UDRP Rules, Brian, which I believe is the link and consistency that the RrSG is asking for.

The reason we had specified “proxy service” rather than use the more typical reference of “privacy/proxy service” is because of a fundamental difference between the two types of service that seems relevant in the context of this recommendation (viz., linking applicable law to where the actual registrant is located):

  *   For domain names registered via a privacy service, the actual registrant is the registered name holder, and the privacy service then provides alternate contact information for purposes of display in Whois or relevant registration directory service.
  *   For domain names registered via a proxy service, the proxy service itself is the registered name holder (and the service then licenses the domain name to the actual underlying registrant to use).

As such, since Recommendation #5 is concerned with the appropriate choice of law for an arbitration between an IGO Complainant and the actual registrant/underlying customer, it seemed necessary to provide clarity for cases involving proxy services and not privacy services. That said, it will be helpful to know if the EPDP team believes that adding “privacy service” to the text is more consistent with the general understanding and provides further clarity.

For further reference, here are the definitions of both types of services from the relevant Specification to the current RAA (https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#privacy-proxy):
1.2 "Privacy Service" is a service by which a Registered Name is registered to its beneficial user as the Registered Name Holder, but for which alternative, reliable contact information is provided by the P/P Provider for display of the Registered Name Holder's contact information in the Registration Data Service (Whois) or equivalent services.
1.3 "Proxy Service" is a service through which a Registered Name Holder licenses use of a Registered Name to the P/P Customer in order to provide the P/P Customer use of the domain name, and the Registered Name Holder's contact information is displayed in the Registration Data Service (Whois) or equivalent services rather than the P/P Customer's contact information.

Thanks and cheers
Steve, Berry & Mary

P.S. Brian, thanks also for catching the omission of “or” from the text – we’ll make sure to add it!


From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> on behalf of BECKHAM Brian via gnso-igo-wt <gnso-igo-wt at icann.org>
Reply-To: BECKHAM Brian <brian.beckham at wipo.int>
Date: Tuesday, March 22, 2022 at 11:23 AM
To: Berry Cobb <Berry.Cobb at icann.org>, igo-wt <gnso-igo-wt at icann.org>
Subject: Re: [gnso-igo-wt] EPDP Final Report - Round 2 - Non-Substantive Edits

Hi Berry,

Thank you for passing this on.

Often we hear of “privacy and proxy” services/providers, so just wondering if there is a specific reason only “proxy” is used here?

Overall, and for whatever worth, I do note that this seems to match the overall intent of UDRP Rules para 4(b) and RAA 3.7.7.3, the former of which states:

“Any updates to the Respondent's data, such as through the result of a request by a privacy or proxy provider to reveal the underlying customer data, must be made before the two (2) business day period concludes or before the Registrar verifies the information requested and confirms the Lock to the UDRP Provider, whichever occurs first.”

In that case, do we need to add “timely” before “disclosed” at “underlying registrant’s identity is disclosed”?

PS, I think there needs or be an “of” at “office the”.

Brian

From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> On Behalf Of Berry Cobb via gnso-igo-wt
Sent: Tuesday, March 22, 2022 2:24 PM
To: Chris Disspain via gnso-igo-wt <gnso-igo-wt at icann.org>
Subject: Re: [gnso-igo-wt] EPDP Final Report - Round 2 - Non-Substantive Edits

Dear EPDP,

One small update from the report sent out yesterday.

The leadership team received input from the RrSG regarding Proxy registrations and Recommendation #5 on Applicable law. You will see bracketed text on lines 390-392. Staff in consultation with EPDP leadership, it is proposed to amend that bracketed text as follows (bold text):

Arbitration will be conducted in accordance with the law as mutually agreed by the parties. Where the parties cannot reach mutual agreement, the IGO Complainant shall elect either the law of the relevant registrar’s principal office or the domain name holder's address as shown for the registration of the disputed domain name in the relevant registrar's Whois database at the time the complaint was submitted to the UDRP or URS provider. Where the parties cannot reach mutual agreement in a case where the registered domain name holder is a proxy service and the underlying registrant’s identity is disclosed as part of the UDRP or URS proceeding, the IGO Complainant shall elect either the law of the relevant registrar’s principal office the law in the location of the underlying registrant. In all cases, where neither law provides for a suitable cause of action, the arbitral tribunal shall make a determination as to the law to be applied in accordance with the applicable arbitral rules.

The rationale for the change is that it does seem appropriate in those cases where the beneficial registrant’s identity is disclosed as part of the UDRP or URS process to point to that registrant’s location instead of the proxy service’s (as the Registered Name Holder).

If no objections, staff will include this in the next version of the report and we can review during next week’s call.

Thank you.

Mary, Steve, and B

Berry Cobb
Policy Development – Senior Program Manager
Internet Corporation for Assigned Names and Numbers (ICANN)

Mobile: +1 424 443 8960
Phone: +1 202 570 7240
Fax: +1 202 789 0104
Twitter: @berrycobb
www.icann.org<https://www.icann.org/>


From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org<mailto:gnso-igo-wt-bounces at icann.org>> on behalf of Berry Cobb via gnso-igo-wt <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>>
Reply-To: Berry Cobb <Berry.Cobb at icann.org<mailto:Berry.Cobb at icann.org>>
Date: Monday, March 21, 2022 at 20:45
To: Chris Disspain via gnso-igo-wt <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>>
Subject: [gnso-igo-wt] EPDP Final Report - Round 2 - Non-Substantive Edits

Dear EPDP,

Please find attached a line-numbered version of the lastest draft Final Report. As noted on the call today and in parallel to the final phase of the consensus process, we are beginning round #2 of non-substantive edit proposals to the report. Instructions and a link to the submission table are below.

Please have any suggested revisions posted by 23:59 UTC, 24 March 2022. Staff will import the proposals and return an updated version by the next day the 25th to make ready for review at our next meeting on the 28th.

Link to Input Table: https://docs.google.com/document/d/1TIvh5MKOl7t8Q2Yb_VTqPVlRMhiZS0o6YMZtwXDYvsI/edit [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1TIvh5MKOl7t8Q2Yb_VTqPVlRMhiZS0o6YMZtwXDYvsI/edit__;!!PtGJab4!q9lwWgdUEbc3Kupll5JS4z4eyEFlKUdkgb14OgtZN0jhLZ6oxd16wsJvKCOwB4gsc65tLus$>
*** If you do not have access, please request it. It will notify me and I will provide you with suggestion rights.
**** If you do not get access in a timely manner to the google doc, please follow the instructions below and send your suggested edits to the full email list as an alternative.


Instructions:

  1.  Please note your name and the group you represent in the “Group Submitting” column.
  2.  For the “Line Number(s)” column, denote the line numbers from the clean version of the PDF of the Final Report for which you want to suggest a revision. For sentences or paragraphs, it will be helpful to list the full range of line numbers.
  3.  In the last column, “Proposed Revision”, please add your suggested edit or correction that you feel enhances or makes more clear the intent of the recommendation or supporting text without changing the intent. It should not be necessary to quote the text from the report. In more complex proposals, a rationale statement should be included to help inform the EPDP on why the edit should be made.
  4.  See the example in the first row.
  5.  Round #2 Edits scope: FULL REPORT.
  6.  Link<https://community.icann.org/display/GNSOIWT/Final+Report> to revision history.

Please let us know if you have any questions or need clarifications.

Thank you.

Mary, Steve, and Berry

Berry Cobb
Policy Development – Senior Program Manager
Internet Corporation for Assigned Names and Numbers (ICANN)

Mobile: +1 424 443 8960
Phone: +1 202 570 7240
Fax: +1 202 789 0104
Twitter: @berrycobb
www.icann.org<https://www.icann.org/>



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