[Gnso-ppsai-pdp-wg] FW: Privacy and Protection Service Accreditation Issues Working Group
Carlton Samuels
carlton.samuels at gmail.com
Tue Jan 14 02:27:21 UTC 2014
I like this!
-Carlton
==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================
On Mon, Jan 13, 2014 at 5:05 PM, Jim Bikoff <jbikoff at sgbdc.com> wrote:
> Dear All,
>
>
>
> Although the question groupings are still being completed, it may be
> helpful to our audience if we grouped the questions in the letters in some
> logical, categorical manner, even if that grouping is but a draft.
>
>
>
> To address the substantive content of the questions, it seems that the
> ultimate issue is set forth in the first question: "What, if any, are the
> types of Standard Services Practices that should be adopted and published
> by ICANN-accredited privacy/proxy service providers?” The questions
> following it address that main issue. Most of the issues and questions
> could be subsumed under the following general categories:
>
>
>
> · *MAINTENANCE* of privacy/proxy services;
>
> · *CONTACT* point provided by each privacy/proxy service;
>
> · *RELAY* of complaints to the privacy/proxy customer; and
>
> · *REVEAL* of privacy/proxy customers' identities.
>
> If we followed this categorization, the issues and questions would be
> grouped as follows:
>
>
>
> *MAIN ISSUES*
>
>
>
> 1. What, if any, are the types of Standard Service Practices that
> should be adopted and published by ICANN-accredited privacy/proxy service
> providers?
>
> 2. Should ICANN distinguish between privacy and proxy services for
> the purpose of the accreditation process?
>
> 3. What are the contractual obligations, if any, that, if
> unfulfilled, would justify termination of customer access by
> ICANN-accredited privacy/proxy service providers? Should there be any
> forms of non-compliance that would trigger cancellation or suspension of
> registrations? If so, which?
>
> 4. What are the effects of the privacy and proxy service
> specification contained in the 2013 RAA? Have these new requirements
> improved WHOIS quality, registrant contactability, and service usability?
>
> 5. What should be the contractual obligations of ICANN accredited
> registrars with regard to accredited privacy/proxy service providers?
> Should registrars be permitted to knowingly accept registrations where the
> registrant is using unaccredited service providers that are bound to the
> same standards as accredited service providers?
>
>
>
> *MAINTENANCE*
>
>
>
> 1. Should ICANN-accredited privacy/proxy service providers be
> required to label WHOIS entries to clearly show when a registration is made
> through a privacy/proxy service?
>
> 2. Should ICANN-accredited privacy/proxy service providers be
> required to conduct periodic checks to ensure accuracy of customer contact
> information; and if so, how?
>
> 3. What rights and responsibilities should customers of
> privacy/proxy services have? What obligations should ICANN-accredited
> privacy/proxy service providers have in managing these rights and
> responsibilities? Clarify how transfers, renewals, and PEDNR policies
> should apply.
>
> 4. Should ICANN-accredited privacy/proxy service providers
> distinguish between domain names registered or used for commercial with
> those registered or used for personal purposes? Specifically, is the use of
> privacy/proxy services appropriate when a domain name is registered or used
> for commercial purposes?
>
> 5. Should there be a difference in the data fields to be displayed
> if the domain name is registered or used for a commercial purpose or by a
> commercial entity instead of a natural person?
>
> 6. Should the use of privacy/proxy services be restricted only to
> registrants who are private individuals using the domain name for
> non-commercial purposes?
>
>
>
> *CONTACT*
>
>
>
> 1. What measures should be taken to ensure contactability and
> responsiveness of the providers?
>
> 2. Should ICANN-accredited privacy/proxy service providers be
> required to maintain dedicated points of contact for reporting abuse? If
> so, should the terms be consistent with the requirements applicable to
> registrars under Section 3.18 of the RAA?
>
> 3. Should full WHOIS contact details for ICANN-accredited
> privacy/proxy service providers be required?
>
> 4. What forms of malicious conduct, if any, should be covered by a
> designated published point of contact at an ICANN-accredited privacy/proxy
> service provider?
>
>
>
> *RELAY *
>
> 1. What, if any, baseline minimum standardized relay processes
> should be adopted by ICANN-accredited privacy/proxy service providers?
>
> 2. Should ICANN-accredited privacy/proxy service providers be
> required to forward to the customer all allegations of illegal activities
> they receive relating to specific domain names of the customer?
>
>
>
> *REVEAL *
>
>
>
> 1. What, if any, baseline minimum standardized reveal processes
> should be adopted by ICANN-accredited privacy/proxy service providers?
>
> 2. Should ICANN-accredited privacy/proxy service providers be
> required to reveal customer identities for the specific purpose of ensuring
> timely service of cease and desist letters?
>
> 3. What forms of alleged malicious conduct, if any, and what
> evidentiary standard would be sufficient to trigger such disclosure? What
> specific violations, if any, would be sufficient to trigger such
> disclosure?
>
> 4. What safeguards, if any, should be put in place to ensure
> adequate protections for privacy and freedom of expression? Should these
> standards vary depending on whether the website is being used for
> commercial or non-commercial purposes? What safeguards or remedies should
> be available in cases where publication is found to have been unwarranted?
>
> 5. What circumstances, if any, would warrant access to registrant
> data by law enforcement agencies?
>
> 6. What clear, workable, enforceable and standardized processes
> should be adopted by ICANN-accredited privacy/proxy services in order to
> regulate such access (if such access is warranted)?
>
>
>
>
>
> Please let me know if this categorization is helpful.
>
>
>
> Jim
>
>
>
> James L. Bikoff
>
> Silverberg, Goldman & Bikoff, LLP
>
> 1101 30th Street, NW
>
> Suite 120
>
> Washington, DC 20007
>
> Tel: 202-944-3303
>
> Fax: 202-944-3306
>
> jbikoff at sgbdc.com
>
>
>
>
>
>
>
>
>
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