[Rt4-whois] streamlined proxy recommendation language

[Kathy Kleiman]

Hi All,
I feel like I am sending altogether too many emails today. Sorry :-)! 
Anyway, here's one more.  I worked with James, a little, and Susan, 
more, on streamlining the Proxy recommendations to look, sound and flow 
like the Privacy recommendations. Of course, proxy is voluntary, and 
privacy is a requirement, but the rest is fairly close.

They are below and attached. If you like them, we'll send them on to 
Alice for inclusion. Note: the definitions went into a footnote which 
should be easy to see as it will be quite extensive.

here's the text:

*Data Access- Proxy Service *

 1.

    ICANN should facilitate the review of existing practices by reaching
    out to proxy providers to create a discussion which sets out current
    processes followed by proxy service providers.

 2.

    Registrars should be required to disclosure their relationship with
    any Affiliated Retail proxy service provider to ICANN.

 3.

    ICANN should develop and manage a set of voluntary best practice
    guidelines for appropriate proxy services [footnote 1] consistent
    with national laws. These voluntary guidelines should strike an
    appropriate balance between stakeholders with competing but
    legitimate interests. At a minimum this would include privacy, law
    enforcement and the industry around law enforcement.

Such voluntary guidelines may include:

+ Proxy services provide full contact details as required by the Whois

+ Publication by the proxy service of its process for revealing and 
relaying information

+ Standardization of reveal and relay processes and timeframes, 
consistent with national laws

+ Maintenance of a dedicated abuse point of contact for the proxy 
service provider

+ Due diligence checks on licensee contact information.

    5. ICANN should encourage and incentivize registrars to interact
    with the retail service providers that adopt the best practices.

    6. For the avoidance of doubt, the WHOIS Policy, referred to in
    Recommendation 1 above, should include an affirmative statement that
    clarifies that a proxy means a relationship in which the Registrant
    is acting on behalf of another. The WHOIS data is that of the agent,
    and the agent alone obtains all rights and assumes all
    responsibility for the domain name and its manner of use.

Footnote 1 (all the remaining text)
As guidance to the Community and as useful background for the Proxy 
Service Recommendations, the Review Team provides its working 
definitions of proxy service and different types of proxy service providers:

- _*Proxy Service*_**-- a relationship in which the registrant is acting 
on behalf of another The WHOIS data is that of the agent and the agent 
alone obtains all rights and assumes all responsibility for the domain 
name and its manner of use. /[KK: is this the definition we are 
//using//in other places in the Report?]/

/- /_*Affiliated Registrar *__- _another ICANN accredited registrar that 
operates under a common controlling interest (2009 Registrar 
Accreditation Agreement, Section 1.20)

- *Affiliate retail proxy service provider *-- entity operating under a 
common controlling interest of a registrar.

- *Retail proxy service provider *- proxy service with little or no 
knowledge of the entity or individual requesting the service  beyond 
their ability to pay and their agreement to the  general terms and 
conditions.

- _*Limited proxy service provider *_- proxy service for an entity or 
individual in which there is an ongoing business relationship bound by a 
contract that is specific to the relationship.



--- end
same text attached
Kathy

-- 



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