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

Mary Wong mary.wong at icann.org
Mon Sep 21 17:00:58 UTC 2015


Forwarding on behalf of Vicky Sheckler.

>  
> 
> From: Victoria Sheckler
> Sent: Monday, September 21, 2015 9:22 AM
> To: 'Kathy Kleiman'; 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
>  
> Doesn¹t that approach unfairly ignore the comments that requested the minority
> position?  It seems to me that the last paragraph is consistent with the
> majority view but permits time to assess the concerns raised by the minority
> view.
>  
> 
> From:gnso-ppsai-pdp-wg-bounces at icann.org
> [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Kathy Kleiman
> Sent: Monday, September 21, 2015 8:58 AM
> To: 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
>  
> +1 James G, Michele, Phil and Holly. This report is stunningly unsupported by
> the consensus of the WG. It is a complete nonstarter.  It further undermines
> confidence in this PDP process.
> 
> Kathy
> 
> On 9/19/2015 9:56 PM, 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 Phil¹s 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 ³online financial
>>> transactions for commercial purposes² or on placing any restrictions on
>>> them, then how could developing an ³Illustrative framework mechanism²
>>> 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] 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 G¹s assessment.
>>> 
>>>  
>>> 
>>> If we agree that there should be no ³special² restriction for commercial /
>>> financial usage of domains, then why on earth is this language there? I
>>> don¹t understand it.
>>> 
>>> Regards
>>> 
>>>  
>>> 
>>> Michele
>>> 
>>>  
>>> 
>>> --
>>> 
>>> Mr Michele Neylon
>>> 
>>> Blacknight Solutions
>>> 
>>> Hosting, Colocation & Domains
>>> 
>>> http://www.blacknight.host/
>>> 
>>> http://blog.blacknight.com/
>>> 
>>> http://www.blacknight.press - get our latest news & media coverage
>>> 
>>> http://www.technology.ie
>>> 
>>> Intl. +353 (0) 59  9183072
>>> 
>>> Direct Dial: +353 (0)59 9183090
>>> 
>>> Social: http://mneylon.social
>>> 
>>> Random Stuff: 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> 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 don¹t 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 WG¹s 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 WG¹s 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 WG¹s 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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>>  
>> 
>> 
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>  


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