FW: ICANN and Registrar Negotiation Team Post Summary of RAA Negotiations

[Nicolas Adam]

I have exchanged a few emails on the subject of the economics of 
registrar's handling of whois data with the owner of canadian-based 
easyDNS (he put together a whois masking feature that is called 
myprivacy.ca that isn't quite a privacy-proxy service: it's more of a 
whois mining/spamming protection), and he was basically telling me that 
most registrars (i.e. it's in the economic structure of the registrar 
game) will dump you at the first sign of trouble, if not even before. 
That is, whether or not 'trouble' is legitimate (while this should be 
for a judge to decide).

I opined that there was surely no problem with having a lawyer register 
some domains for you if you had an agreement with him/her specifying 
principal and agent, or some such, and that I was surprised that such 
services were not more popular.

Anybody know if some lawyers are actively offering domain registering 
proxy services "en masse"?

By the way, one should go take a look at righthaven.org's FAQ 
<http://www.righthaven.com/blog/content/answers-frequently-asked-questions> 
(it is down at the time of this writing, but well worth the immediate 
read, try entering 
"cache:http://www.righthaven.com/blog/content/answers-frequently-asked-questions" 
as your google search terms), which is a hosting service that purports 
to be "with a spine" i.e. they will, amongst other things, fight the 
subpoenas.

Nicolas

On 3/5/2012 11:28 AM, Wendy Seltzer wrote:
> I'm very concerned by item 1 (below):
>
> We should work to see the language and to ensure that it would not
> exclude the registration of names on another's behalf by an agent
> committed to protecting privacy, such as an attorney.
>
> LEA REQUEST 1: (a) If ICANN creates a Privacy/Proxy Accreditation
> Service, Registrars will accept proxy/privacy registrations only
> from accredited providers; (b) “Registrants using privacy/proxy
> registration services will have authentic Whois information
> immediately published by Registrar when registrant is found to be
> violating terms of service”
>
> Agreement in Principle: (a) Yes (b) Yes
> Agreement on Language: (a) Yes (b) No
>
> Notes/Comments
> (a) Registrars will comply with commercially reasonable privacy/proxy
> accreditation scheme
>
> (b) “Reveal” or “relay” provisions will be included in a
> proxy/privacy accreditation program.
>
> (c) Further discussion needed to address
> request for “publication” of underlying
> data to general public, which may raise
> data protection issues.
>
> (d) Further discussion required on issues
> related to escrow of underlying data,
> issues related to unidentified, informal
> proxy service providers, determination
> that registrant is violating terms of
> service
>
> On 03/05/2012 11:13 AM, Konstantinos Komaitis wrote:
>> FYI
>>
>>
>>
>> Dr. Konstantinos Komaitis,
>>
>> Senior Lecturer,
>> Director of Postgraduate Instructional Courses
>> Director of LLM Information Technology and Telecommunications Law
>> University of Strathclyde,
>> The Law School,
>> Graham Hills building,
>> 50 George Street, Glasgow G1 1BA
>> UK
>> tel: +44 (0)141 548 4306
>> http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765
>> Selected publications: http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038
>> Website: www.komaitis.org<http://www.komaitis.org>
>>
>> From: owner-liaison6c at gnso.icann.org [mailto:owner-liaison6c at gnso.icann.org] On Behalf Of Glen de Saint Géry
>> Sent: Δευτέρα, 5 Μαρτίου 2012 3:50 μμ
>> To: liaison6c at gnso.icann.org
>> Subject: [liaison6c] ICANN and Registrar Negotiation Team Post Summary of RAA Negotiations
>>
>>
>> http://www.icann.org/en/news/announcements/announcement-01mar12-en.htm
>> 1 March 2012
>>
>> In advance of the Costa Rica meeting, ICANN and the Registrar Negotiation Team have prepared a summary of the negotiations<http://www.icann.org/en/resources/registrars/raa/raa-negotiations-progress-report-01mar12-en.pdf>  [PDF, 117 KB] on the Registrar Accreditation Agreement (RAA). After the Board directed ICANN and the Registrars<http://www.icann.org/en/groups/board/documents/resolutions-28oct11-en.htm#7>  to proceed into negotiations regarding recommendations by law enforcement<http://www.icann.org/en/resources/registrars/raa/raa-law-enforcement-recommendations-01mar12-en.pdf>  [PDF, 111 KB] and recommendations from the GNSO, negotiations proceeded at a brisk pace, with 13 negotiation sessions held to date. There are many topics where ICANN and the Registrar Negotiation Team are close to agreement on language, and even more topics where there is agreement in principle. Because of the comprehensive nature of the amendments, it is expected that all negotiated language will be posted a
> s a unified document after further negotiation.
>> The summary chart<http://www.icann.org/en/resources/registrars/raa/raa-negotiations-progress-report-01mar12-en.pdf>  [PDF, 117 KB] released today provides information on nearly all of the items that have been raised in the negotiations, and the current status of agreement on those issues.
>>
>>
>> Glen de Saint Géry
>> GNSO Secretariat
>> gnso.secretariat at gnso.icann.org<mailto:gnso.secretariat at gnso.icann.org>
>> http://gnso.icann.org
>>
>
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