[Rt4-whois] streamlined proxy recommendation language

[Lutz Donnerhacke]

On Wed, Nov 30, 2011 at 05:26:53PM -1000, Seth M Reiss wrote:
> Data Access- Proxy Service 
> 
> 1.	The Review Team considers a Proxy Service as a relationship in which
> the registrant is acting on behalf of another. The WHOIS data is that of the
> agent/proxy service and the agent/proxy service alone obtains all rights and
> assumes all responsibility for the domain name and its manner of use.
> 2. 	ICANN should clarify that any registrant that may be acting as a
> proxy service for another is in all respects still the registrant and, in
> ICANN's view, should be held fully responsible for the use of the domain
> name including for any and all harm that results from the use of the domain
> name.
> 2.	Because of ICANN's position on proxy services to date, which
> tolerates the proxy service industry that has arisen and which through RAA
> provisions gives recognition and attempts to regulate that industry, has
> been used by courts and others to allow proxy services to escape liability
> for bad acts of the proxy service customers, ICANN should either delete or
> amend those provisions of the RAA that can or have been used to allow proxy
> services to escape liability.
> 3.	The Review Team acknowledges that there may be legitimate reasons
> for the occasional use of a proxy service, as for example to protect a
> valuable trade secret at product launch. At the same time proxy services
> should not be viewed or used as a substitute for privacy services that are
> designed to shield an individual's personal contact information.  The
> legitimate use a proxy service would be the exception and not widespread.
> 4.    A proxy service industry willing to accept full risks and liabilities
> for the manner in which domain names through its service will be used will
> take the necessary precautionary measures, in its relationship with its
> customers, such that domain names so registered are unlikely to be misused
> and, if misused, a remedy for those victimized will more likely be
> available.


Despite it's a bit hard to read, it's a very good piece of work. Thank you.

The most hard to read passage is:
  "any registrant that may be acting as a proxy service for another"

The word "registrant" is overloaded by implicit meanings. Common
understanding of proxy services does not consider the proxy to be the
registran. But ob behalf of ICANN policies, the proxy is the registrant and
the commonly considered registrant is something which does not really exist.