[Gnso-ppsai-pdp-wg] definitions section

Metalitz, Steven met at msk.com
Tue Dec 1 16:35:06 UTC 2015


PPSAI WG,

Per request on this morning's call, attached is a redline of the passage from the "Definitions" section of the recommendations (page 7 of the clean version circulated by Mary).  This is the proposal I asked James to consider accepting. I think this proposal minimizes the risk of conflict between our recommendations and the RAA.  Per Graeme's request on the call, any feedback welcomed today.   Thanks!

Steve Metalitz


From: gnso-ppsai-pdp-wg-bounces at icann.org [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Mary Wong
Sent: Monday, November 30, 2015 8:30 PM
To: gnso-ppsai-pdp-wg at icann.org
Subject: [Gnso-ppsai-pdp-wg] FW: Final Report with updated recommendations, and next steps

Hello everyone,

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

From: Victoria Sheckler <vsheckler at riaa.com<mailto:vsheckler at riaa.com>>
Date: Monday, November 30, 2015 at 16:02
To: "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>>, Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>
Cc: "Steven J. Metalitz (met at msk.com<mailto:met at msk.com>)" <met at msk.com<mailto: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        "Registrars 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]. 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."

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        "Registrars 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]. 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."

MARY - since my posts don't always make it to the entire list, can I ask that you please forward it on if it looks like it didn't go through?  Thanks! - Vicky

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[1] Section 3.7.7.3 of the 2013 RAA reads as follows: "Any 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] Section 3.7.7.3 of the 2013 RAA reads as follows: "Any 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."
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