[Rt4-whois] The New Proxy Language

[Omar Kaminski]

"The Review Team considers a Proxy Service as a (*contractual*)
relationship in which the registrant is acting on behalf of another
(*by an agreement and subject to local and international laws*).

"The legitimate use a proxy service would be the exception and not
widespread." I support that, even if "legitimate reasons" could be
just to protect a trade secret (IMO a weak reason, since the domain
could be register under any other name, like a lawyer office).

Omar



2011/12/1 Kathy Kleiman <kathy at kathykleiman.com>:
> Hi All,
> What a night!  I can see the 24*7 party of the WRT continued.  Thanks so
> very much!
>
> Regarding the language below, could someone be an expert guide? Is it a
> replacement of the whole of the Proxy Recommendations, or in addition to the
> Voluntary Best Practices Guidelines (which I really liked)
>
> Otherwise, I am thinking and researching. I think this is a big change
> below, and I am not keen on #3 at all. Many, many people use proxy services
> for many, many things, and the Recommendations section seems an odd place to
> put a value judgement on that.
>
> Otherwise, there are some fascinating legal concepts, and my brain already
> hurts!
> Thinking hard first thing in the AM and still reviewing.
> I would like to know what James thinks,
> Kathy
>
>
> 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.
>
>
>
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