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

Mon Sep 21 17:23:50 UTC 2015

Additionally, as noted in the attached "Issue Chart for the GNSO RAA
Remaining Issues PDP on Privacy/Proxy Services", Item 6.2, this issue was
originally brought forth by law enforcement.

On Mon, Sep 21, 2015 at 1:06 PM, Kiran Malancharuvil <
Kiran.Malancharuvil at markmonitor.com> wrote:

> Agree with Vicky.  I would also remind the working group that the
> “minority” view calling for more work includes membership organizations
> representing thousands of voices including INTA, IACC, IPC, BC, US Chamber
> of Commerce).
>
>
>
> While I’m weighing in I would also reject any association of these groups
> with discriminatory viewpoints such as that people of color are 2/3rds of a
> human being (from the notorious and despicable Dred Scott decision).
> Slightly hyperbolic Carlton.
>
>
>
> Kiran
>
>
>
> *Kiran Malancharuvil*
>
> Policy Counselor
>
> MarkMonitor
>
> 415.222.8318 (t)
>
> 415.419.9138 (m)
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> www.markmonitor.com
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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 *Mary Wong
> *Sent:* Monday, September 21, 2015 10:01 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
>
>
>
> 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
>
>
>
> Doesn’t 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
> <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 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 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*
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> *202-559-8597 <202-559-8597>/Direct*
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>
>
> *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
> <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
>
> Blacknight Solutions
>
> Hosting, Colocation & Domains
>
> http://www.blacknight.host/
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> http://blog.blacknight.com/
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> http://www.blacknight.press - get our latest news & media coverage
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> Random Stuff: http://www.michele.irish
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> -------------------------------
>
> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
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> Road,Graiguecullen,Carlow,Ireland  Company No.: 370845
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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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-- 
*Terri Stumme*
*Intelligence Analyst*
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