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

Tue Mar 6 18:03:03 CET 2012

For those (like me) trying to figure out the technical and practical
issues surrounding this question, and also for anyone who would like to
find out the latest on the RAA negotiation process, there will be a
session on Monday 3/12 concerning Updates to the RAA Process and WHOIS
Data Validation Workshop, from 1-3 p.m. Costa Rica time. 

There will also be a session on Wednesday 3/14 from 2-3 p.m. Costa Rica
time, held by ICANN Contractual Compliance staff and the Registrars
Stakeholder Group, covering Registrar Data Escrow, UDRP, domain name
transfers and WHOIS access and accuracy.

I assume there will be remote participation for both sessions; the full
Costa Rica meeting schedule is posted at
http://costarica43.icann.org/full-schedule.

Cheers
Mary

Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
Director, Franklin Pierce Center for IP
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage:
http://www.law.unh.edu/marywong/index.phpSelected writings available on
the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584>>> 

From: Brenden Kuerbis <bkuerbis at INTERNETGOVERNANCE.ORG>
To:<NCSG-DISCUSS at listserv.syr.edu>
Date: 3/6/2012 11:48 AM
Subject: Re: [NCSG-Discuss] FW: ICANN and Registrar Negotiation Team
Post Summary of RAA Negotiations

On Tue, Mar 6, 2012 at 8:17 AM, Kathy Kleiman <kathy at kathykleiman.com>
wrote:
<snip>

Am I right that ICANN Staff seems to be pushing all of this into one
box?

Yes, it is my impression that ICANN at the request of LEAs and perhaps
others is attempting to standardize several domain name registration
practices. Not only for proxy registrations but also for validation of
Registrant data. 

E.g., the issues report (although not the summary documents) makes
reference to Registrars following a payment card standard (PCI DSS) for
validation of Registrant data. However, AFAIK, the PCI standard is about
securing data
<https://www.pcisecuritystandards.org/documents/pci_dss_v2.pdf>. More
importantly, each "payment card brand has its own program for
compliance, validation levels and enforcement."
<https://www.pcisecuritystandards.org/documents/PCI%20SSC%20Quick%20Reference%20Guide.pdf>

I assume there is no uniform model of validation in the payment card
industry for a variety of good reasons. It makes little sense to me to
think validation can be standardized for the domain name industry. In
fact, I would think this might be something Registrars might want to
compete on. Yet standardization of data validation is what is being
proposed (LEA request #10). And the Registrars have agreed in
principle.

Unfortunately, I cannot attend (even virtually) next Tuesday's
discussion about this, I hope someone can attend and raise these
issues.

Cheers,

Brenden

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 ( tel:%2B44%20%280%29141%20548%204306
)http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765Selected
publications:
http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038Website:
www.komaitis.org<http://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.orgSubject: [liaison6c] ICANN and Registrar
Negotiation Team Post Summary of RAA Negotiations
http://www.icann.org/en/news/announcements/announcement-01mar12-en.htm1
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>
(
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>
(
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/reso
urces/registrars/raa/raa-law-enforcement-recommendations-01mar12-en.p
df> (
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
as a unified document after further negotiation.

The summary
chart<http://www.icann.org/en/resources/registrars/raa/raa-negotiations-progress-report-01mar12-en.pdf>
(
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
Secretariatgnso.secretariat at gnso.icann.org<mailto:gnso.secretariat at gnso.icann.org>
( mailto:gnso.secretariat at gnso.icann.org )http://gnso.icann.org

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