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

[Kathy Kleiman]

Quick note that the Whois Review Team decided that we could Never Know 
all the times when someone was acting as proxy (if they did not want us 
to know). I have registered domain names for clients (as an attorney), 
for my mother (as a good daughter), and for numerous noncommercial 
groups. All valid proxies.

What we (the Whois Review Team) thought is that proxy and privacy 
services that are clearly affiliated with the registrar (e.g., you can 
choose them when you go to register a domain name, such as Domains by 
Proxy, a company of GoDaddy)  should be a) clearly identified, and b) 
clearly disclose their rules for Revealing information, and their 
commitment to Relaying it too (if I am a registrant, I want to know if 
there is a dispute involving my domain).

But I am pretty certain that one size fits all is not the proper legal 
answer to all disclosures under all national laws, and that the 
registrars and p/p services should work this out in accordance with 
their national laws.  Am I right that ICANN Staff seems to be pushing 
all of this into one box?

Best,
Kathy
:
> 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.p
>>> df>  [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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