[Rt4-whois] Definitions of Privacy and Proxy

[Seth M Reiss]

I feel there is a very large problem with adopting the NORC report's
definition of proxy, although I find the NORC report's definition of privacy
service eloquent and accurate.

 

The problem with the NORC report's definition of proxy is that it designates
the licensee as the "registrant" and in doing so, shifts all legal
responsibilities and risks from the retail proxy service onto the hidden
licensee.  This definition is unfortunate, and can only lead to confusion
and contradiction as we attempt to move forward.

 

Seth 

 

From: rt4-whois-bounces at icann.org [mailto:rt4-whois-bounces at icann.org] On
Behalf Of Susan Kawaguchi
Sent: Monday, November 28, 2011 2:40 PM
To: rt4-whois at icann.org
Subject: [Rt4-whois] Definitions of Privacy and Proxy

 

Hello All, 

 

We seem to use varying definitions of privacy and proxy.   I found these two
definitions of both terms in our draft report

 

In Chapter 4 page 43 

u Privacy Services provide the Registrant's Name, but the Privacy Service's
contact information. The Privacy Service passes on  non-spam messages to the
Registrant, particularly legal notices, acting as a type of "registered
agent."

  

u Proxy Services register the domain name and license it to another for use.


 

Chapter 8 Page 80

 

Privacy services limit certain user details from WHOIS by offering alternate
contact information and mail forwarding services, while not actually
shielding the user's identity. 

 

Proxy services have a third-party register domain names on the user's behalf
and then license the use of the domain name so that a third-party's contact
information (and not the licensee's) is published in WHOIS. 

 

I prefer the definitions from the Sept. 28, 2009 NORC report. 

Background 

To ensure that the community can identify who is responsible for a domain
name, a registered name holder is required to provide and update, as needed,
their contact information with their registrar of record. Registrars are
required by ICANN to collect and provide free public access to the name of
the registered domain name and its name servers and registrar, the date the
domain was created and when its registration expires, and the contact
information for the Registered Name Holder, the technical contact, and the
administrative contact. 

In some instances, a registered name holder chooses to limit the amount of
personal information that its registrar of record makes available to the
public via a Whois query of their database. To do so, a registered name
holder generally uses a privacy or proxy registration service. For the
purpose of this study, the definitions of privacy and proxy services, as
they relate to their use in the domain name system, are as follows: 

 

 

A privacy service provider offers the registrant an opportunity to register
a domain name while concealing some personal identifying information listed
in a WHOIS directory, such as his or her address, telephone number, or email
address, by providing alternate contact information, often that of the
privacy service provider. 

A proxy service provider registers the domain name on the registrant's
behalf and then licenses the use of the domain name to the registrant. The
contact information in a WHOIS directory for a domain name registered with a
proxy service is that of the proxy service provider.

 

There may be an intentional use of the other definitions that I am not aware
of but I feel we should provide an extremely clear definition of each term
since they are currently used interchangeably in the marketplace.  

 

Susan

 

Susan Kawaguchi

Domain Name Manager

 

Facebook Inc.

1601 California Avenue

Palo Alto, CA

 

Phone - 650 485-6064

Cell - 650 387 3904

 

Please note my email address has changed to skawaguchi at fb.com 

NOTICE: This email (including any attachments) may contain information that
is private, confidential, or protected by attorney-client or other
privilege.  Unless you are the intended recipient, you may not use, copy, or
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