[Gnso-ppsai-pdp-wg] FW: Draft Grouping of Charter Questions - some edits

Tim Ruiz tim at godaddy.com
Wed Jan 8 14:08:08 UTC 2014 

Good point. I think we should consider a combination of what you suggest (something similar to the failed registrar process) and beneficial user notification to allow them a certain amount of time to voluntarily move, cancel the service, or cancel the domain name.

Tim


On Jan 8, 2014, at 7:24 AM, "Volker Greimann" <vgreimann at key-systems.net<mailto:vgreimann at key-systems.net>> wrote:

Beyond my earlier comments, I noticed that the current set of questions also leaves a glaring hole with regard to the consequences of the termination of a p/p service for the service itself, but more seriously for its customers:

- Should they be transitioned to a new service provider, similar to the way currently handled for registrar terminations?
  - What happens when their registrar(s) are not integrated with the new provider?
  - Where does the new provider get the underlying data?
- Should the underlying data be immediately revealed?
- etc...

This is an important issue that should also be part of the questions asked here.

Volker

Hello all,

As promised, I wanted to follow up on Don's and Kathy's proposed edits with some additional proposed edits to the input template; these edits are in part based on the background I provided earlier. (The letter from Don to the SO/AC chair can, perhaps, be edited based on whether there is consensus around our proposed edits.) My edits are to Kathy's version which is based on Don's edits -- Don, Marika, Kathy, let me know if there's a better way I should have done that!

I wanted to briefly explain the rationale for some of these proposed edits.

  *   When an allegation of illegal activity is submitted to the p/p service provider, it is important to understand that it may be coming from a victim of the crime. We regularly receive and process complaints of illegal pharma activity from victims (or familiar members, if a victim ends up dead or in the hospital). We must remember that in this case, the registrant has the victim's personal information -- where they live, their phone number, their payment details, and so forth. It is not unheard of that a rogue pharma operator -- just to use an example in my area of knowledge -- seeks to retailiate or make threats. Accordingly, we have added suggested questions to the portion asking for input as to whether the p/p service provider should be required to relay the allegation to the registrant, since standard practices should make allowances for the fact that the allegation may come from a victim seeking redress or additional information. I would argue that the relay/disclosure process should appropriately consider how to protect both registrants and alleged victims.
  *   Similarly, I proposed an additional question regarding whether, if disclosure to the registrant is not required, it should be permitted even if law enforcement explains that it will jeopardize an investigation. The rationale for this is simply that in many cases -- in the offline world, as the online world -- disclosing this information puts a legitimate investigation at risk.
  *   The proposed questions pertaining to jurisdiction are based on the problem I identified (and Gema did, as well) in our earlier emails. I do feel that the way I've written the questions can be clarified and improved, so I welcome anyone who would like to give that a shot.
  *   Similarly, we propose a question that relates to the other business interests controlled by or affiliated with the p/p service. To explain this, we have sometimes seen that the criminal organization "is" the privacy/proxy service. (Currently, of course, there is no accreditation scheme, but the fact remains that is what we see, and I am happy to provide examples if need be.) To be very specific, we know of circumstances where a rogue Internet pharmacy network operates its own "proxy" service, or alternatively, the proxy service -- that is, the individuals who operate it -- also operates as affiliate marketers for rogue networks, using their own privacy/proxy service primarily for their own illegal purposes.

Finally, although I unfortunately had to miss the call this morning, I believe that some of the comments may have argued that registrars (or, ICANN) should not have to address criminal jurisdictional issues (that is, multi-jurisdictional complexities). I'd note that banks, credit card networks and search engine ad programs regularly have to address precisely the same multi-jurisdictional questions relating to criminal activity on their platform and do not simply leave it to law enforcement. I would argue that there is no reason to consider registrars a special case that are for some reason exempt from having to address the same issues that companies in the financial and advertising sectors have had to address, and have by and large done so quite competently. I am confident that the registrar community can competently do the same.

Thank you for the opportunity to provide this input, and I welcome any suggestions as to how our suggestions can be improved or refined.

John Horton
President, LegitScript
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On Tue, Jan 7, 2014 at 7:44 AM, Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>> wrote:


From: Kathy Kleiman <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>>
Date: Tuesday 7 January 2014 16:38
To: Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>>
Subject: Fwd: Draft Grouping of Charter Questions - some edits

Hi Marika, could you post this to our working group?



-------- Original Message --------
Subject:        Draft Grouping of Charter Questions - some edits
Date:   Tue, 07 Jan 2014 10:35:02 -0500
From:   Kathy Kleiman <kathy at kathykleiman.com><mailto:kathy at kathykleiman.com>
To:     gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>


Hi All,
Hopefully you have seen the proposed edits I just to the SG-C Input Template (I haven't seen them posted).

Attached here are some inputs to the Draft Grouping of Charter Questions - with an organizational-type perspective being added. The world is really not just commercial/individual, but truly one of commercial, noncommercial and individual (as ICANN has organized its non-contracted parties).

For a religious group, political group, hobby group, dissident group may be organized as a limited liability company to protect the members in case someone falls in the building, but that does not nullify the fact that the group is engaged primarily and fully in noncommercial speech (as the wide array of members of NCSG show).

Again edits highlighted and hopefully visible. I would like to see much more discussion on this issue in our next meeting and over the list.
Best,
Kathy

:
I will miss the first 30 minutes due to another obligation, but will join as soon as I can.

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 Marika Konings
Sent: Monday, January 06, 2014 4:30 AM
To: gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
Subject: [Gnso-ppsai-pdp-wg] Proposed Agenda - PPSAI PDP WG Meeting

Dear All,

Please find below the proposed agenda for the next PPSAI PDP WG meeting (Tuesday 7 January at 15.00 UTC).

Best regards,

Marika

Proposed Agenda – PPSAI PDP WG Meeting – 7 January 2013
1.       Roll Call / SOI
2.       Review & finalise SG/C Template (see revised version attached)
3.       Review & finalise SO/AC Outreach Letter (see revised version attached)
4.       Input to EWG Survey (see attached)
5.       Update on WG members survey (to participate, please go to https://www.surveymonkey.com/s/86N33WX)
6.       Review proposed charter question groupings (see latest version attached)
7.       Next steps & confirm next meeting



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