[TSG-Access-RD] ICANN as a proxy

[Tomofumi Okubo]

Hey Andy!

>    The second sentence implies that ICANN servers would act as a proxy,
>   transiting both queries and responses. Is there a legal necessity for
>    the information to flow through ICANN?

I believe the benefit of this is twofold.

One is that ICANN is forced to be part of the transaction.
It is hard(er) for ICANN to be blamed for when they are not touching anything in the RDAP ecosystem.
In other words, it's hard to be a primary suspect if you are not even at the crime scene.

Another is that the contracted party that receive the query interacts only with ICANN which makes it easier for the contracted parties to claim innocence.
It allows the contracted parties just innocently responded to ICANN without knowing the nature of the query.

For ICANN to be a legal shield for the contracted parties, this kind of make sense to me.

That being said, the technical feasibility of this model needs to be assessed in this study group.

Just my 2 cents because I'm not a lawyer __

Cheers!
Tomofumi


On 12/14/18, 10:18 AM, "TSG-Access-RD on behalf of Andrew Newton" <tsg-access-rd-bounces at icann.org on behalf of andy at hxr.us> wrote:

    During our last call, Scott and Murray discussed third-party or
    distributed authorization, but I'd like to ask about on another aspect
    of the operational model that appears in the charter. The current
    charter text says:
    
    "The implementation approach described during that webinar would place
    ICANN in the position of determining whether a third party’s query for
    non-public registration data ought to be approved to proceed. If
    approved, ICANN would ask the appropriate registry or registrar to
    provide the requested data to ICANN, which in turn would provide it to
    the third party. If ICANN does not approve the request, the query
    would be denied."
    
    The second sentence implies that ICANN servers would act as a proxy,
    transiting both queries and responses. Is there a legal necessity for
    the information to flow through ICANN?
    
    -andy
    
    
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