[Gnso-ppsai-pdp-wg] PPSAI Work Plan

Volker Greimann vgreimann at key-systems.net
Fri Feb 7 11:45:27 UTC 2014


Hi Bob,

> I am much stronger believer in free speech than you seem to ackowledge :)
>
> This is not a free speech issue. This is an issue concenerning ICANN 
> accredited registrars, who have the license to sell domain names. The 
> domain name holders have some rights to anonimity and privacy, but 
> there is also the existing requirement of  the RAA to have way to 
> contact the registrant. It is an issue of making money, however.
I agree that there must be a method of contacting the registrant. 
However there is no right of ever receiving a response from the 
registrant. The registrant has the right to ignore you if he so choses.

So if a privacy service provider provides an encoded email address that 
forwards to the registrant, or will relay all communications sent by 
mail to the registrant, you essentially have what you are asking for: a 
way of contacting the registrant.

I am all for locking this down as an obligation for service providers.

> I have put my own limits on what I include in my list of whom this 
> concerns, for example, not ccTLDs and not individuals, except those 
> taking in money for what they sell. This leads us to other issues, of 
> course.
We need to tread carefully here though. Many times courts have ruled the 
provision of ads for money on otherwise non-commercial blogs to be 
sufficient for assuming commercial use, so it does not mean that the 
registrant is selling something.
>
> Just because a legitimate service is used by legitimate people, you 
> cannot conclude that all users are legitimate. The folks who did that 
> study did not contact KnujOn for input, otherwise we would have helped 
> them out. And, since it was not 100%, then they also found there were 
> abuses.
The opposite applies as well. Just because a legitimate service is used 
by illegitimate people, you cannot conclude that all users are illegitimate.
And do not take me wrong, but not contacting your private project does 
not invalidate a study in my book.

There will always be abuse, no matter how much you regluate a service. 
Unless you want a 100% controlled big-brother state, you will not be 
able to eliminate abuse, and even then...
> Sorry you brought this up. This study seemed to be more of a student 
> project, rather than a professional job
I am not commenting on this one...
>
> Unfortunately, you do not have findings. For example, in 2008 at the 
> ICANN meeting in Brussels, a study of ICANN's released some data, 
> which supported much of what KnujOn had been saying. The head of 
> compliance tried to do something about it and was fired.
I am sure there were other causes for this...
> Please don't make me list a bunch of services one can get paid for 
> because there is a marketplace for it, the ones that are not allowed 
> by civilized societies. Just because there is a market, does not mean 
> it should be filled.
I tend to agree, but on the other hand, I am very wary of trying to 
impose my morals upon others and others that try to do the same. Morals 
are man-made and may shift over time, and so may the legality of certain 
issues.

> Yes, I know there are legitimate uses of p/p but I also know (not 
> guessing) there already exists a large abuse of it. And yes, I could 
> get a list of such domains.
Just be sure to pass them on to the service providers so they can do 
something about it, but remember, that just because you classify 
something as abuse, it may not be abuse to everyone.

Volker


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