[Gnso-ppsai-pdp-wg] Proposed draft language to update Section 1.3.3 of the WG Initial Report

[Holly Raiche]

I totally agree with James G, Michele, and Phil.  The last two paragraphs seem to fly in the face of the rest of the text.  We could not reach consensus on the definitions, let alone the boundaries of what might be excluded from use of the P/P service.  I do not understand why we are contemplating any further work on the issue.  The overwhelming majority of comments did not support it.  the WG does not support it. In Phil’s words, surely the horse is well and truly dead and the only appropriate action now is a respectful burial.

Holly

On 19 Sep 2015, at 9:21 am, Phil Corwin <psc at vlaw-dc.com> wrote:

> +1. While I was unable to make the last call those final two paragraphs seem out of sync with the long description of why there is no consensus on circumscribing the use of P/P services forcommercial or transactional services.
>  
> Further, as regards this paragraph—
> The Working Group also considered the suggestion thatduring the implementation phase of the accreditation system, priority be given to the development of an illustrative framework mechanism for how complaints that a particular domain name is being used to carry out online financial transactions for commercial purposes should be submitted, processed, evaluated, and acted upon.  Concerns that a blanket prohibition against the use of P/P services associated with a domain name used to carry out online financial transactions for commercial purposes would have a chilling effect could be adequately addressed by developing an additional disclosure framework.  Requests for further legal analysis of when disclosure is warranted in these situations could find its home here. This could be an appropriate use of implementation resources. (emphasis added)
>  
> -- if there is no consensus on the definitions of “online financial transactions for commercial purposes” or on placing any restrictions on them, then how could developing an “Illustrative framework mechanism” possibly be considered an appropriate implementation measure? There is no underlying policy to be implemented. Seems more like an attempt to beat a dead horse back to life.
>                
>  
> Philip S. Corwin, Founding Principal
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> From: gnso-ppsai-pdp-wg-bounces at icann.org [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Michele Neylon - Blacknight
> Sent: Friday, September 18, 2015 5:45 PM
> To: James Gannon; Mary Wong; gnso-ppsai-pdp-wg at icann.org
> Subject: Re: [Gnso-ppsai-pdp-wg] Proposed draft language to update Section 1.3.3 of the WG Initial Report
>  
> I agree strongly with James G’s assessment. 
>  
> If we agree that there should be no “special” restriction for commercial / financial usage of domains, then why on earth is this language there? I don’t understand it.
> Regards
>  
> Michele
>  
> --
> Mr Michele Neylon
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> From: <gnso-ppsai-pdp-wg-bounces at icann.org> on behalf of James Gannon
> Date: Friday 18 September 2015 20:34
> To: Mary Wong, "gnso-ppsai-pdp-wg at icann.org"
> Subject: Re: [Gnso-ppsai-pdp-wg] Proposed draft language to update Section 1.3.3 of the WG Initial Report
>  
> Thanks for your work on this guys, while understanding that we will be discussing this on the call I will raise now my disagreement with the final two paragraphs on creating an alternative disclosure framework at some point in the future for commercial domains, I don’t feel these represent the consensus or agreement of the WG and would respectfully object against their inclusion. I was under the impression that we had agreed that the public had shown their overall disagreement with a framework that included categorisation of domains, my read of the final 2 paras seems to fly in the face of that agreement.
>  
> -James
>  
>  
>  
> From: <gnso-ppsai-pdp-wg-bounces at icann.org> on behalf of Mary Wong
> Date: Friday 18 September 2015 20:21
> To: "gnso-ppsai-pdp-wg at icann.org"
> Subject: [Gnso-ppsai-pdp-wg] Proposed draft language to update Section 1.3.3 of the WG Initial Report
>  
> Dear WG members,
>  
> Please find attached some proposed language from the WG co-chairs in respect of Section 1.3.3 of the WG’s Initial Report, i.e. the availability and use of P/P services for domain names associated with online financial transactions. The suggested language is based on the reports from Sub Team 2 and the WG’s deliberations on this point following review of the various public comments received.
>  
> The co-chairs would like to include a discussion of this proposed language on the next WG call, and as such we are circulating it to you now so that you will have a chance to review it before then. If finalized and approved, this will be included in the WG’s Final Report on this topic.
>  
> Thanks and cheers
> Mary
>  
> Mary Wong
> Senior Policy Director
> Internet Corporation for Assigned Names & Numbers (ICANN)
> Telephone: +1 603 574 4889
> Email: mary.wong at icann.org
>  
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