[Gnso-ppsai-pdp-wg] FW: Final Report with updated recommendations, and next steps

[Mary Wong]

Hello everyone,

Forwarding Vicky¹s message (below), which does not seem to have made it to
the list.

From:  Victoria Sheckler <vsheckler at riaa.com>
Date:  Monday, November 30, 2015 at 16:02
To:  "gnso-ppsai-pdp-wg at icann.org" <gnso-ppsai-pdp-wg at icann.org>, Mary Wong
<mary.wong at icann.org>
Cc:  "Steven J. Metalitz (met at msk.com)" <met at msk.com>
Subject:  RE: [Gnso-ppsai-pdp-wg] Final Report with updated recommendations,
and next steps

> In reviewing the recommendations on p.7, it seems to me that the third
> sentence of the section copied below is overbroad and unnecessary for the
> purpose here.  
> 
>  
> 
> o       ³Registrars are not to knowingly accept registrations from privacy or
> proxy service providers who are not accredited through the process developed
> by ICANN. For non-accredited entities registering names on behalf of third
> parties, the WG notes that the obligations for Registered Name Holders as
> outlined in section 3.7.7 of the 2013 RAA would apply[1] <#_ftn1> . In this
> regard, the WG notes that the consequence of this recommendation is that an
> accredited privacy or proxy service provider that is in good standing with
> ICANN will therefore not be liable for the actions of their customers.
> Similarly, an individual or entity that is acting as a privacy or proxy
> service, but that is not accredited by ICANN or not in good standing, will be
> considered the registrant of record, and thus responsible for the domain name
> registration in question.²
> 
>  
> 
> It is not our place to say whether an accredited p/p provider is or is not
> liable for the actions of its customers.  While one would think that in most
> cases, the accredited p/p provider would not be, I can envision scenarios
> where the p/p provider would be liable.   Given this, either the last two
> sentences of the section above should be deleted (as the second sentence I
> think captures the rule for non-accredited entities acting as a p/p service)
> or the section should be revised to read as follows:
> 
>  
> 
> o       ³Registrars are not to knowingly accept registrations from privacy or
> proxy service providers who are not accredited through the process developed
> by ICANN. For non-accredited entities registering names on behalf of third
> parties, the WG notes that the obligations for Registered Name Holders as
> outlined in section 3.7.7 of the 2013 RAA would apply[2] <#_ftn2> . In this
> regard, the WG notes that an individual or entity that is acting as a privacy
> or proxy service, but that is not accredited by ICANN or not in good standing,
> will be considered the registrant of record.²
> 
>  
> 
> MARY ­ since my posts don¹t always make it to the entire list, can I ask that
> you please forward it on if it looks like it didn¹t go through?  Thanks! -
> Vicky
> 
> 
> 
> [1] <#_ftnref1>  Section 3.7.7.3 of the 2013 RAA reads as follows: ³Any
> 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.²
> 
> [2] <#_ftnref2>  Section 3.7.7.3 of the 2013 RAA reads as follows: ³Any
> 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.²


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