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

Tue Feb 11 17:26:51 UTC 2014

I think I have found a definition to make do with, at the P&P Specification at the RAA:

Terms of service and description of procedures. The P/P Provider shall publish on its website and/or Registrar's website a copy of the P/P Provider service agreement and description of P/P Provider's procedures for handling the following:
2.4.1 The process or facilities to report abuse of a domain name registration managed by the P/P Provider;
2.4.2 The process or facilities to report infringement of trademarks or other rights of third parties;
2.4.3 The circumstances under which the P/P Provider will relay communications from third parties to the P/P Customer;
2.4.4 The circumstances under which the P/P Provider will terminate service to the P/P Customer;
2.4.5 The circumstances under which the P/P Provider will reveal and/or publish in the Registration Data Service (Whois) or equivalent service the P/P Customer's identity and/or contact data; and
2.4.6 A description of the support services offered by P/P Providers to P/P Customers, and how to access these services.

Cheers,

Gema

De: Mary Wong [mailto:mary.wong at icann.org]
Enviado el: martes, 11 de febrero de 2014 15:30
Para: James M. Bladel; Michele Neylon - Blacknight; Marika Konings; Campillos Gonzalez, Gema Maria
CC: gnso-ppsai-pdp-wg at icann.org
Asunto: Re: [Gnso-ppsai-pdp-wg] definitions of relay, publication, reveal

Ro clarify the meanings of the terms Relay and Reveal, as used in the GNSO's Terms of Reference for a proposed Privacy & Proxy Relay & Reveal Study (dating from 2010):

?         For many domains, Registered Name Holders can be reached directly at addresses obtained from WHOIS. However, for Privacy/Proxy-registered domains, Registered Name Holders or third party licensees cannot be reached directly via WHOIS- published addresses. Instead, communication relay requests may be sent to the Privacy/Proxy service provider published in WHOIS, or attempted using addresses obtained from other sources, websites or communications associated with the domain.
?         For many domains (including those registered via Privacy services), the Registered Name Holder's identity is published directly in WHOIS. However, for domains registered via Proxy services, the name of the licensee is not published in WHOIS; third party licensees can typically only be identified by asking the Proxy to reveal the licensee's identity, given reasonable evidence of actionable harm.
FYI these were the definitions we used in for this WG's outreach letters to the SO/AC/SG/Cs recently.

As some WG members know, the proposed Study was not done; instead, a Pre-Feasibility Survey for such a study was performed by Interisle Consulting, whose report in August 2012 has the following usages:

  *   For Relay Handling - For many domains, Registered Name Holders can be reached directly at addresses obtained from WHOIS. However, for Privacy- or Proxy-registered domains, Registered Name Holders or third party licensees cannot be reached directly via WHOIS-published addresses. Instead, communication with the Registered Name Holder may be attempted by sending a request to the Privacy or Proxy service provider published in WHOIS to relay the message to theRegistered Name Holder or third party licensee. Communication may also be attempted using addresses obtained from other sources, websites, or communications associated with the domain.

  *   For Reveal Handling -  For many domains (including those registered via Privacy services), the Registered Name Holder's identity is published directly in WHOIS. However, for domains registered via Proxy services, the name of the licensee is not published in WHOIS; third party licensees can typically be identified only by asking the Proxy to reveal the licensee's identity.

I hope the above helps clarify the two terms.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org<mailto:mary.wong at icann.org>

* One World. One Internet. *

From: "James M. Bladel" <jbladel at godaddy.com<mailto:jbladel at godaddy.com>>
Date: Tuesday, February 11, 2014 10:20 PM
To: Michele Neylon - Blacknight <michele at blacknight.com<mailto:michele at blacknight.com>>, 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: [Gnso-ppsai-pdp-wg] definitions of relay, publication, reveal

No.  This language does not exist in the 2013 RAA.

http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#privacy-proxy

J.

From: Michele Neylon - Blacknight <michele at blacknight.com<mailto:michele at blacknight.com>>
Date: Tuesday, February 11, 2014 at 8:06
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: [Gnso-ppsai-pdp-wg] 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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