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

[Rebecca MacKinnon]

It's worth pointing out that this ties in to the broader issue of
intermediary liability in general, for ISPs, social networking platforms,
web hosts, etc., and the chilling effects that intermediary liability can
have on speech.

A useful policy paper on the subject (as relates to ISPs and web platforms,
not domains) was recently released by the Center for Democracy and
Technology:
http://www.cdt.org/files/pdfs/CDT-Intermediary%20Liability_%282010%29.pdf

The Global Network Initiative in a statement last year similarly warned "When
companies are held liable for content uploaded or sent by users, freedom of
expression can suffer. Collaborative efforts should help advance policy
solutions that better protect fundamental rights to expression and access to
information."

Best,
Rebecca

On Tue, May 18, 2010 at 10:56 AM, Avri Doria <avri at ltu.se> wrote:

> 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/
> >
>



-- 
Rebecca MacKinnon
Visiting Fellow, Center for Information Technology Policy, Princeton
University
Co-founder, GlobalVoicesOnline.org
Cell: +1-617-939-3493
E-mail: rebecca.mackinnon at gmail.com
Blog: http://RConversation.blogs.com
Twitter: http://twitter.com/rmack
Friendfeed: http://friendfeed.com/rebeccamack
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