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

Tue Feb 11 14:32:24 UTC 2014

RAA Section 3.7.7.3 can be a bit of a lightning rod and is often applied to P/P situations (and daily efforts to incorrectly extend it to things like spam, gambling, hate speech, cyberbullying, etc.)  I think it is too broad for our purposes.

Thanks—

J.

From: Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>>
Date: Tuesday, February 11, 2014 at 8:14
To: Michele Neylon - Blacknight <michele at blacknight.com<mailto:michele at blacknight.com>>, "Campillos Gonzalez, Gema Maria" <GCAMPILLOS at minetur.es<mailto:GCAMPILLOS at minetur.es>>
Cc: "gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>" <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>>
Subject: Re: [Gnso-ppsai-pdp-wg] 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<mailto:michele at blacknight.com>>
Date: Tuesday 11 February 2014 15:06
To: Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>>, "Campillos Gonzalez, Gema Maria" <GCAMPILLOS at minetur.es<mailto:GCAMPILLOS at minetur.es>>
Cc: "gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>" <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>>
Subject: RE: definitions of relay, publication, reveal

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

Gema

Which clause in the RAA stipulates this?

I’m looking at the 2013 RAA’s 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> [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<mailto: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 “relay” and in a very confusing way, mixing it with “reveal”.

5) Relay Information Requests
See study # 20 for this term’s 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 “harms” 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 “relay”, “reveal” and “publication” are included in the “Grouping of Charter Questions” 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<mailto:GCAMPILLOS at minetur.es>>
Date: Tuesday 11 February 2014 12:50
To: Marika Konings <marika.konings at icann.org<mailto: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 “Grouping of Charter Questions” paper, there is a reference to the “Terms of Reference for GNSO Whois Studies (refer to WG Background Documents).”, 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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