[Gnso-ppsai-pdp-wg] Questions for P/P providers from the WG call earlier today

[Chris Pelling]

Hi Kathy,

Let me give you an example that happened a few years ago.

We had Apple request information from us, we stated that it would have 
to come through their lawyers AND we require an indemnification from 
Apples lawyers in case of future retaliation or come back.

Apples lawyers were hesitant until Apple were simply told provide it or 
seek court order.  The domain (because we manually go over each request) 
showed Apples TM, this site was not in the US, but, it was in the UK 
where we have offices, and hence why we gained the indemnity.

So we as registrars DO take each and every case on its merits as we have 
too.

Kind regards,

Chris

On 23/09/2014 3:12 PM, Kathy Kleiman wrote:
> Tx Chris and All,
>
> There seems to be a pattern here that certainly defies some of my 
> assumptions coming into the WG:
> 1. P/P Providers dedicate a lot of time and care to Reveal
> 2. Many P/P are not webhosts
> 3. So content is generally outside their balliwick.
> ==> This certainly changes my analysis a bit. Tx you for the insight!
> Kathy
> :
>> Hi All,
>>
>> Let me answer from our point of view and how we handle things :
>>
>> 1.  Because we look at EACH and EVERY request manually if by ticket 
>> or mail, all requests for disclosure are passed to the PP customer,  
>> we ask the 2 parties requestee and pp customer to resolve whatever 
>> issue between them, as this is the best way forward for all parties.
>> 2.  There is little point allowing a deletion of the domain, as it 
>> will then simply be registered elsewhere.  However, in point 1 
>> getting the 2 parties talking and more to the point a resolution 
>> fixes the issue.
>> 3.  Case by Case basis - we do not host material for example, thus 
>> DMCA as an example is simply passed on.  If the issue is with the 
>> actual domain name, then UDRP.
>> 4.  Well I can answer this one, in the last year we have had 2 
>> requests if memory serves and thus 2 disclosures.
>> 5.  As 4, only LEA.  We would only disclose on LEA request (in our 
>> jurisdiction) or Court order.
>>
>> Kind regards,
>>
>> Chris
>>
>> NetEarth One, inc
>>   
>> On 16/09/2014 11:38 PM, Mary Wong wrote:
>>> Dear WG members,
>>>
>>> With the Chairs’ consent, I’m sending on the questions that were 
>>> asked by several WG members during the call earlier today, in the 
>>> hopes that those members who are or know of P/P providers and their 
>>> practices can respond. If links to or copies of provider practices 
>>> and policies can be provided, that would be very helpful too.
>>>
>>>  1. What are provider practices regarding customer notification when
>>>     a disclosure request is received, and is the customer given the
>>>     opportunity to respond? (Note - on the call, James had agreed to
>>>     provide information about DBP; Graeme and Michele had responded
>>>     on behalf of their respective companies – perhaps other
>>>     providers besides DBP can also step in here?)
>>>  2. Does any provider offer its customer an option other than
>>>     disclosure or publication, e.g. an opportunity to cancel the
>>>     registration instead (i.e. what some WG members have mentioned
>>>     as a “takedown”)?
>>>  3. What are provider “standards" for determining disclosure to
>>>     third parties?
>>>  4. Can providers give the WG some general information about the
>>>     percentage of requests for disclosure that are successful
>>>  5. For Q4, do providers also have information about the type of
>>>     claims those relate to e.g. If they are from LEA, 3P IP claim etc.?
>>>
>>> As also noted on the call, the Chairs will discuss some of the 
>>> responses and suggestions that were made, with a view toward 
>>> hopefully offering some kind of summary or recommendation in time 
>>> for the call next week.
>>>
>>> Thanks and 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
>>>
>>>
>>>
>>>
>>>
>>> _______________________________________________
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>>> Gnso-ppsai-pdp-wg at icann.org
>>> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
>>
>>
>>
>>
>>
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>
>
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