[TSG-Access-RD] ICANN as a proxy

[Gavin Brown]

If ICANN org is willing to put itself in the critical path for handling
these requests then the problem we're trying to resolve becomes very
simple indeed! But I would guess that is not the case and perhaps the
charter text as revised needs to be amended.

G.

On 14/12/2018 19:39, Tomofumi Okubo wrote:
> 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
>     
>     
> 
> 
> 

-- 
Gavin Brown
Chief Technology Officer
CentralNic Group plc (LSE:CNIC)
Innovative, Reliable and Flexible Registry Services
for ccTLD, gTLD and private domain name registries
https://www.centralnic.com/
+44.7548243029

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