[Gnso-ppsai-pdp-wg] definitions of relay, publication, reveal

Tue Feb 11 14:24:35 UTC 2014

Please note that the language that Gema provided is a quote from the
attached document which was prepared by a GNSO DT in 2009. You may need to
go back to that DT to determine how that conclusion was drawn based on the
RAA provisions.

Best regards,

Marika 

From:  Michele Neylon - Blacknight <michele at blacknight.com>
Date:  Tuesday 11 February 2014 15:19
To:  Marika Konings <marika.konings at icann.org>, "Campillos Gonzalez, Gema
Maria" <GCAMPILLOS at minetur.es>
Cc:  "gnso-ppsai-pdp-wg at icann.org" <gnso-ppsai-pdp-wg at icann.org>
Subject:  RE: definitions of relay, publication, reveal

That doesn¹t oblige the reveal and would only apply to proxy services not
privacy services
If the service assumes the liability theyŒve no obligation to reveal, so I
ask again Gema  where are you getting the obligation from? Which clause in
the RAA?

FYI  the only RAA version we should care about is the 2013 as this entire
thing hinges on it and not any of the previous version

--
Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Domains
http://www.blacknight.co/
http://blog.blacknight.com/
http://www.technology.ie
Intl. +353 (0) 59  9183072
Locall: 1850 929 929
Direct Dial: +353 (0)59 9183090
Fax. +353 (0) 1 4811 763
Twitter: http://twitter.com/mneylon
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,Ireland  Company No.: 370845

From: Marika Konings [mailto:marika.konings at icann.org]
Sent: Tuesday, February 11, 2014 2:15 PM
To: Michele Neylon - Blacknight; Campillos Gonzalez, Gema Maria
Cc: gnso-ppsai-pdp-wg at icann.org
Subject: Re: definitions of relay, publication, reveal

Michele, I found this language in the 2001 RAA:

3.7.7.3 Any Registered Name Holder that intends to license use of a domain
name to a third party is nonetheless the Registered Name Holder of record
and is responsible for providing its own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the Registered Name. A Registered Name Holder
licensing use of a Registered Name according to this provision shall accept
liability for harm caused by wrongful use of the Registered Name, unless it
promptly discloses the identity of the licensee to a party providing the
Registered Name Holder reasonable evidence of actionable harm.

And in the 2009 RAA:

3.7.7.3 Any Registered Name Holder that intends to license use of a domain
name to a third party is nonetheless the Registered Name Holder of record
and is responsible for providing its own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the Registered Name. A Registered Name Holder
licensing use of a Registered Name according to this provision shall accept
liability for harm caused by wrongful use of the Registered Name, unless it
promptly discloses the current contact information provided by the licensee
and the identity of the licensee to a party providing the Registered Name
Holder reasonable evidence of actionable harm.

And the 2013 RAA:

3.7.7.3 Any Registered Name Holder that intends to license use of a domain
name to a third party is nonetheless the Registered Name Holder of record
and is responsible for providing its own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the Registered Name. A Registered Name Holder
licensing use of a Registered Name according to this provision shall accept
liability for harm caused by wrongful use of the Registered Name, unless it
discloses the current contact information provided by the licensee and the
identity of the licensee within seven (7) days to a party providing the
Registered Name Holder reasonable evidence of actionable harm.

Presumably that is the provision referenced?

Marika

From: Michele Neylon - Blacknight <michele at blacknight.com>
Date: Tuesday 11 February 2014 15:06
To: Marika Konings <marika.konings at icann.org>, "Campillos Gonzalez, Gema
Maria" <GCAMPILLOS at minetur.es>
Cc: "gnso-ppsai-pdp-wg at icann.org" <gnso-ppsai-pdp-wg at icann.org>
Subject: RE: definitions of relay, publication, reveal

So it¹s not in the RAA then is it?

Regards

Michele

--
Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Domains
http://www.blacknight.co/
http://blog.blacknight.com/
http://www.technology.ie
Intl. +353 (0) 59  9183072
Locall: 1850 929 929
Direct Dial: +353 (0)59 9183090
Fax. +353 (0) 1 4811 763
Twitter: http://twitter.com/mneylon
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,Ireland  Company No.: 370845

From: Marika Konings [mailto:marika.konings at icann.org]
Sent: Tuesday, February 11, 2014 1:59 PM
To: Michele Neylon - Blacknight; Campillos Gonzalez, Gema Maria
Cc: gnso-ppsai-pdp-wg at icann.org
Subject: Re: definitions of relay, publication, reveal

Michele, the reference comes from a document that was produced in February
2009, so presumably it is referring to an earlier version of the RAA.

Best regards,

Marika

From: Michele Neylon - Blacknight <michele at blacknight.com>
Date: Tuesday 11 February 2014 14:56
To: "Campillos Gonzalez, Gema Maria" <GCAMPILLOS at minetur.es>, Marika Konings
<marika.konings at icann.org>
Cc: "gnso-ppsai-pdp-wg at icann.org" <gnso-ppsai-pdp-wg at icann.org>
Subject: RE: definitions of relay, publication, reveal

Gema

Which clause in the RAA stipulates this?

I¹m looking at the 2013 RAA¹s proxy / privacy specification and I cannot see
this.

Regards

Michele

--
Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Domains
http://www.blacknight.co/
http://blog.blacknight.com/
http://www.technology.ie
Intl. +353 (0) 59  9183072
Locall: 1850 929 929
Direct Dial: +353 (0)59 9183090
Fax. +353 (0) 1 4811 763
Twitter: http://twitter.com/mneylon
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,Ireland  Company No.: 370845

From:gnso-ppsai-pdp-wg-bounces at icann.org
[mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Campillos
Gonzalez, Gema Maria
Sent: Tuesday, February 11, 2014 12:35 PM
To: Marika Konings
Cc: gnso-ppsai-pdp-wg at icann.org
Subject: Re: [Gnso-ppsai-pdp-wg] definitions of relay, publication, reveal

Yes, I´ve seen this, Marika, but it only defines ³relay² and in a very
confusing way, mixing it with ³reveal².

5) Relay Information Requests
See study # 20 for this term¹s use in context.
Problems arise from time to time in connection with registered names.
Allegations of
actionable harm require copyright and trademark owners, law enforcement
officials and
others to be able to operate through a proxy or privacy service provider to
contact the
domain name user. Potential ³harms² could include suspected fraud,
intellectual property
rights infringement, or the infringement of other civil or criminal laws. To
support the
relay of information requests, service providers must have reliable and
timely means of
communicating with their domain licensees. The ICANN Registrar Accreditation
Agreement stipulates that the proxy registrant reveal the identity of the
domain licensee
upon reasonable evidence of actionable harm or risk liability for resulting
harm.

So, I insist definitions of ³relay², ³reveal² and ³publication² are included
in the ³Grouping of Charter Questions² paper or else, referenced to a
document that provides its meaning in the context of Proxy-Privacy Services.

Thank you again and best regards,

Gema

De: Marika Konings [mailto:marika.konings at icann.org]
Enviado el: martes, 11 de febrero de 2014 13:16
Para: Campillos Gonzalez, Gema Maria
Asunto: Re: definitions of relay, publication, reveal

Dear Gema,

I think that refers to the attached document which is also posted on the WG
wiki (background documents  see https://community.icann.org/x/XSWfAg).

Best regards,

Marika

From: "<Campillos Gonzalez>", Gema Maria <GCAMPILLOS at minetur.es>
Date: Tuesday 11 February 2014 12:50
To: Marika Konings <marika.konings at icann.org>
Subject: definitions of relay, publication, reveal

Dear Marika, 

Where exactly can I find the definitions for the terms in the heading? In
footnote 7 of the ³Grouping of Charter Questions² paper, there is a
reference to the ³Terms of Reference for GNSO Whois Studies (refer to WG
Background Documents).², but I am not able to find that document. Could you
please point me to the paper I have to look up?

Thank you so much, 

Gema 

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