[Gnso-ppsai-pdp-wg] Accredited proxy providers vs unaccredited proxy providers

[Susan Kawaguchi]

Sorry Steve, I missed your email.    This language seems to simplify the debate.  Either you are an accredited proxy provider or you are not and assume the liabilities as the registrant.



From: Steven Metalitz <met at msk.com<mailto:met at msk.com>>
Date: Monday, November 16, 2015 at 9:43 AM
To: Susan kawaguchi <susank at fb.com<mailto:susank at fb.com>>, "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>>
Subject: RE: [Gnso-ppsai-pdp-wg] Accredited proxy providers vs unaccredited proxy providers

Thanks Susan.  I think this is the intent of the language the co-chairs circulated after last week’s call:

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.

One relevant provision (in 3.7.7.3) states:

“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.”

Steve Metalitz



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 Susan Kawaguchi
Sent: Monday, November 16, 2015 12:34 PM
To: gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>
Subject: [Gnso-ppsai-pdp-wg] Accredited proxy providers vs unaccredited proxy providers

Hello All,

I have given more thought about  the discussion concerning  accredited proxy vendors versus all other unaccredited proxy vendors, including lawyers.   It seems to me that we are never going to be able to capture each variation of the unaccredited proxy vendor and James brought up a point that I think we should consider.

If accredited proxy vendors adhere to all the requirements we are describing they will have the benefit of not being considered the registrant of the domain name.

Any other type of unaccredited proxy service should simply not exist and they should always be considered the registrant with all the rights and liabilities that go along with being the registrant.  We simply would not recognize any other existing relationship.

We could make this very clear Accredited proxy or registrant and not delve into all the grey areas.

The unaccredited proxy provider would be considered the Registrant in all actions including the URS and UDRP.

I am hoping we can discuss further on the call tomorrow.

Best,

Susan Kawaguchi
Facebook, Inc.

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