Hi Farzaneh, For the first issue you cited regarding resellers, it may be helpful if you and others could provide some specific examples of what gaps may remain. Without understanding the full issue, it is difficult to articulate a path forward. There are provisions in the RAA that cover registrars’ obligations with respect to resellers, so the data protection concerns may be covered under the contract. Specifically, Section 3.12 of the RAA provides: “Registrar is responsible for the provision of Registrar Services for all Registered Names that Registrar sponsors being performed in compliance with this Agreement, regardless of whether the Registrar Services are provided by Registrar or a third party, including a Reseller. Registrar must enter into written agreements with all of its Resellers that enable Registrar to comply with and perform all of its obligations under this Agreement.” Additionally, section 3.7.7.8 provides, “Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.” This topic can certainly be added to a future Council agenda, and Council Leadership and Support Staff can provide some proposals of how to move forward when we have a better understanding of the issue. Thank you. Best regards, Caitlin From: farzaneh badii <farzaneh.badii@gmail.com> Date: Tuesday, May 20, 2025 at 11:29 AM To: Caitlin Tubergen <caitlin.tubergen@icann.org> Cc: Terri Agnew <terri.agnew@icann.org>, "council@gnso.icann.org" <council@gnso.icann.org>, GNSO-Secs <gnso-secs@icann.org> Subject: [Ext] Re: [council] Re: Reminder: Input welcome on GNSO Council agenda for 2025 meetings Thank you Caitlin. So I am assuming that for the first one (resellers) we don’t have a way forward yet? How can we discuss that? Maybe we can discuss this. Also since there are recommendations by the PDP I am guessing the IRT is the appropriate venue to say how it should proceed? I generally want to discuss hijacked domains policy concerns that go beyond transfer as well. Farzaneh On Tue, May 20, 2025 at 12:24 PM Caitlin Tubergen <caitlin.tubergen@icann.org<mailto:caitlin.tubergen@icann.org>> wrote: Hi Farzaneh, Thank you for flagging these items. I believe the second and third issues are already covered under Recommendation 33 (Request to GNSO for further work on the Transfer Dispute Resolution Policy and Potential New Dispute Mechanism). The text of the recommendation provides, “The Working Group recommends the GNSO request an Issues Report or other suitable mechanism to further research and explore the pros and cons of (i) expanding the TDRP to registrant filers and (ii) creating a new standalone dispute resolution mechanism for registrants who wish to challenge improper transfers, including compromised and stolen domain names. There remains a need for an intermediary mechanism to remedy unauthorized transfers between ToS claw backs and litigation as well as other issues as may be identified by the GNSO. The Working Group recommends that any such additional dispute mechanism that empowers registrants should be in addition to and not prohibit any informal resolution that Registrars successfully employ in the overwhelming number of instances.” Members of the Working Group, including NCSG reps, flagged similar concerns to issues 2 and 3 during the Working Group’s discussions and requested further policy work on this topic. Members specifically flagged the issue of compromised, stolen, or hijacked names. The WG also discussed circumstances where the registrant wishes to dispute an inter-registrar transfer denial (which could include a transfer denied for abuse). The WG ultimately agreed to Recommendation 33 so that the GNSO Council could consider an Issues Report. I hope this is helpful, and I invite councilors who participated in the TPR Working Group to provide additional context if I missed anything. Best regards, Caitlin From: farzaneh badii via council <council@icann.org<mailto:council@icann.org>> Reply-To: farzaneh badii <farzaneh.badii@gmail.com<mailto:farzaneh.badii@gmail.com>> Date: Tuesday, May 20, 2025 at 10:39 AM To: Terri Agnew <terri.agnew@icann.org<mailto:terri.agnew@icann.org>> Cc: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>>, GNSO-Secs <gnso-secs@icann.org<mailto:gnso-secs@icann.org>> Subject: [council] Re: Reminder: Input welcome on GNSO Council agenda for 2025 meetings Thanks Terri. I don't know where to bring this up but I want to ask the Council to give a serious consideration to the outcome of the Human Rights Impact Assessment of TPR and try to address the issues that were brought forward. The issues in specific: 1) privacy of domain name registrants when transfer happens by resellers: Standardize Protections Across Reseller Channels While some privacy protections are in place, significant gaps remain in the flow of registrant data between resellers and registrars. 2) Expand Access to Remedies for Hijacking: Current dispute resolution mechanisms do not adequately address domain name hijacking, particularly in cases that technically comply with policy but are clearly abusive. 3) Clarify and Review Abuse-Related Transfer Restrictions. Currently, registrants may face difficulty challenging registrar decisions to deny transfers based on alleged abuse. Recommendation: Develop clearer processes for registrants to dispute and appeal such decisions, ensuring the principle of due process and fair treatment is preserved. Can we discuss the way forward for each of these recommendations? Here is the doc: https://docs.google.com/document/d/1aQetWyuO0S_0FD0-cFlAFz4cm0km5bywoC7JYtcq... [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1aQetWyuO0S_0F...> Farzaneh On Tue, May 20, 2025 at 11:31 AM Terri Agnew via council <council@icann.org<mailto:council@icann.org>> wrote: Dear councilors, A reminder to all that a Google doc<https://urldefense.com/v3/__https:/docs.google.com/document/d/1FSNlAHTjbWAzK...> is open for all to add their suggestions and comments to the upcoming GNSO Council meeting agendas. This does not have to be in the form of a full agenda item proposal, simple comments and questions are equally welcome! You are welcome to add to the document<https://urldefense.com/v3/__https:/docs.google.com/document/d/1FSNlAHTjbWAzK...> via the comments feature. Thank you! Kind regards, Terri Policy Team Supporting the GNSO _______________________________________________ council mailing list -- council@icann.org<mailto:council@icann.org> To unsubscribe send an email to council-leave@icann.org<mailto:council-leave@icann.org> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.