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

Kathy Kleiman kathy at kathykleiman.com
Mon Nov 16 21:55:21 UTC 2015


But this is creating a "strict liability standard." That's not fair.  
Further, your lawyer is not taking on that responsibility... and neither 
should a grandmother registering for a grandchild.
Kathy

On 11/16/2015 4:50 PM, Susan Kawaguchi wrote:
> No not talking about changing anything about the UDRP or URS just 
> using that as an example if it is an unaccredited proxy vendor then 
> they will be held responsible for the same liabilities any registrant 
> is held to.    No chance of them saying “sorry not my domain name here 
> is the “true” registrant contact info”
>
> From: <gnso-ppsai-pdp-wg-bounces at icann.org 
> <mailto:gnso-ppsai-pdp-wg-bounces at icann.org>> on behalf of Kathy 
> Kleiman <kathy at kathykleiman.com <mailto:kathy at kathykleiman.com>>
> Date: Monday, November 16, 2015 at 11:00 AM
> 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>>
> Subject: Re: [Gnso-ppsai-pdp-wg] Accredited proxy providers vs 
> unaccredited proxy providers
>
> Susan,
> Are we talking about changing the way UDRP and URS handle 
> privacy/proxy situations? I think that is outside of the scope of this WG.
> Best,
> Kathy
>
> On 11/16/2015 12:34 PM, Susan Kawaguchi wrote:
>> 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.
>>
>>
>>
>> _______________________________________________
>> Gnso-ppsai-pdp-wg mailing list
>> Gnso-ppsai-pdp-wg at icann.orghttps://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
>

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