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

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Sun Sep 20 20:46:11 UTC 2015


Unsurprisingly, I agree with Holly (and James, Michele, and Phil).
Stephanie Perrin
On 2015-09-19 21:56, Holly Raiche wrote:
> 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 
> <mailto: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 that*during 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*
>> *Virtualaw LLC*
>> *1155 F Street, NW*
>> *Suite 1050*
>> *Washington, DC 20004*
>> *202-559-8597/Direct*
>> *202-559-8750/Fax*
>> *202-255-6172/cell***
>> **
>> *Twitter: @VlawDC*
>> */"Luck is the residue of design" -- Branch Rickey/*
>> *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*Michele Neylon - Blacknight
>> *Sent:*Friday, September 18, 2015 5:45 PM
>> *To:*James Gannon; Mary Wong;gnso-ppsai-pdp-wg at icann.org 
>> <mailto: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
>> Blacknight Solutions
>> Hosting, Colocation & Domains
>> http://www.blacknight.host/
>> http://blog.blacknight.com/
>> http://www.blacknight.press <http://www.blacknight.press/>- get our 
>> latest news & media coverage
>> http://www.technology.ie <http://www.technology.ie/>
>> Intl. +353 (0) 59  9183072
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>> Social:http://mneylon.social <http://mneylon.social/>
>> Random Stuff:http://www.michele.irish <http://www.michele.irish/>
>> -------------------------------
>> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business 
>> Park,Sleaty
>> Road,Graiguecullen,Carlow,Ireland  Company No.: 370845
>> *From:*<gnso-ppsai-pdp-wg-bounces at icann.org 
>> <mailto: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 
>> <mailto: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
>>     <mailto: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
>>     <mailto: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 <mailto:mary.wong at icann.org>
>>
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