Public Comment: Draft Advisory on the Effect of Registrar Accreditation Agreement (RAA) Subsection 3.7.7.3]

[Avri Doria]

Hi,

I will add it to the agenda for the meeting on Wednesday.

this make two RAA topics:

- Privacy and RAA Subsection 3.7.7.3
- RAA negotiation by Registrars and ICANN Staff behind closed doors (RAA subgroup B issue)

a.

On 18 May 2010, at 10:19, Wendy Seltzer wrote:

> I think this is of concern to non-commercial users who seek anonymity or
> privacy in domain name registration through the use of third party
> agents or attorneys.  The attempt to tie registration of a domain name
> to "liab[ility] for harm caused by the wrongful use of the domain name"
> is both wrong policy and far outside ICANN's scope.
> 
> Does NCUC or NCSG want to submit comments?  I submit this as a comment
> in my individual capacity.
> 
> --Wendy
> 
> 
>> The purpose of this advisory is to clarify that if a Registered Name Holder licenses the use of a
>> domain name to a third party, that third party is a licensee, and is not the Registered Name
>> Holder of record (also referred to as the "registrant" or "domain-name holder" in the ICANN
>> RAA, UDRP, and other ICANN policies and agreements). This advisory also will clarify that a
>> Registered Name Holder licensing the use of a domain is liable for harm caused by the wrongful
>> use of the domain unless the Registered Name Holder promptly identifies the licensee to a
>> party providing the Registered Name Holder with reasonable evidence of actionable harm.
> 
> -------- Original Message --------
> Subject: [council] Public Comment: Draft Advisory on the Effect of
> Registrar Accreditation Agreement (RAA) Subsection 3.7.7.3
> Date: Tue, 18 May 2010 02:18:48 -0700
> From: Glen de Saint Géry <Glen at icann.org>
> To: council at gnso.icann.org <council at gnso.icann.org>
> 
> 
> 
> http://www.icann.org/en/announcements/announcement-14may10-en.htm
> 
> ________________________________
> Public Comment: Draft Advisory on the Effect of Registrar Accreditation
> Agreement (RAA) Subsection 3.7.7.3
> 
> 14 May 2010
> 
> ICANN has observed community comment concerning the interpretation of
> RAA Subsection 3.7.7.3. In order to provide clarity, ICANN is posting
> for public comment the following draft advisory
> http://www.icann.org/en/compliance/reports/draft-advisory-raa-3773-14may10-en.pdf
> [PDF, 216 KB]. The forum will be open through 9 July 2010.
> 
> One central clarification: if a Registered Name Holder licenses the use
> of a domain name to a third party, a licensee, the third party is not
> the Registered Name Holder of record (or "registrant"). This advisory
> also describes under what conditions that a Registered Name Holder is to
> identify the licensee and to whom.
> 
> Community members are invited to review the draft advisory and comment
> on all aspects of the document. At the end of this Public Comment
> period, ICANN Staff will review the comments submitted, prepare a
> summary analysis of the various submissions, and post the final version
> of the advisory.
> 
> The Public Comment Forum is located here:
> http://www.icann.org/en/public-comment/public-comment-201007-en.htm#raa-3773
> Glen de Saint Géry
> GNSO Secretariat
> gnso.secretariat at gnso.icann.org<mailto:gnso.secretariat at gnso.icann.org>
> http://gnso.icann.org
> 
> 
> 
> -- 
> Wendy Seltzer -- wendy at seltzer.org
> Fellow, Silicon Flatirons Center at University of Colorado Law School
> Fellow, Berkman Center for Internet & Society at Harvard University
> http://cyber.law.harvard.edu/seltzer.html
> http://www.chillingeffects.org/
> https://www.torproject.org/
>