November 2014 - Gnso-ppsai-pdp-wg

Compilation of P/P provider responses
by Mary Wong Sept. 15, 2015

Sept. 15, 2015

Dear WG members, Please find attached a document that staff has compiled of P/P provider responses to the 5 questions posed by the WG chairs to the group after the call last week, as follows: 1. What are provider practices regarding customer notification when a disclosure request is received, and is the customer given the opportunity to respond? 2. Does any provider offer its customer an option other than disclosure or publication, e.g. an opportunity to cancel the registration instead (i.e. what some WG members have mentioned as a ³takedown²)? 3. What are provider ³standards" for determining disclosure to third parties? 4. Can providers give the WG some general information about the percentage of requests for disclosure that are successful? 5. For Q4, do providers also have information about the type of claims those relate to e.g. If they are from LEA, 3P IP claim etc.? Please let me know if I have mischaracterized or omitted any response that you may have sent (for which I offer my apologies!). If you have not yet provided a response and are in a position to do so, or if you¹d like to add to a response you¹d provided previously, please send it along and I¹ll make sure it gets added to this document. Finally, please note that certain actual provider terms of service obtained from a sample of providers had previously been compiled as part of the draft template for this Category F, so that may also be helpful these are available on the WG wiki here: https://community.icann.org/x/QwbxAg. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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REMINDER: PLEASE RSVP Monthly GNSO WG Newcomer Open House Session
by Terri Agnew Dec. 9, 2014

Dec. 9, 2014

Reminder: Monthly GNSO WG Newcomer Open House Session These ongoing monthly sessions are for new GNSO WG participants to come together and discuss any questions they may have about GNSO Working Groups, procedures and/or processes. We know there is a lot of information to digest when you join a GNSO Working Group and these monthly meetings are an opportunity for newcomers and more experienced participants to meet in an informal setting without the pressure of "real work" that needs be done. The agenda is flexible. The presenters will be ready with a standard set of materials if people would like to discuss them. Feel free to submit questions, either in advance or at the beginning of the meeting, if there is a topic that you would like to explore in more depth . Providing useful answers to a wide range of questions is part of the reason why these meetings are Thursday 6 November at 20.00 UTC Thursday 4 December at 12.00 UTC To convert to your local time zone, please see http://www.timeanddate.com/worldclock/converter.html If you are interested to join the next meeting on 23 October or any of the future meetings, please let the GNSO Secretariat know ( <mailto:gnso-secs@icann.org> gnso-secs(a)icann.org) and we will send you the call details. If there are any specific questions you already have, or any overviews or introductions you think would be helpful (e.g. GNSO Policy Development Process or GNSO Working Group guidelines), please let us know in advance and we will prepare materials accordingly. Feel free to share this invitation with others that you think may be interested. We look forward to welcoming you at the next meeting! Nathalie Peregrine GNSO Secretariat

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Policy staff Retreat 1 - 5 December 2014
by Nathalie Peregrine Nov. 28, 2014

Nov. 28, 2014

Dear all, Policy staff will be on a their annual training retreat from the 1st to the 5th December 2014. Whilst minimum coverage of conference calls will be provided, please expect delays regarding email response time. If you do have an urgent request, please mark URGENT in the email title, so we can treat it as a matter of priority. We thank you for your understanding. Kind regards Nathalie GNSO Secretariat

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MP3 PPSAI WG - Tuesday 25 November 2014 at 1500 UTC
by Nathalie Peregrine Nov. 25, 2014

Nov. 25, 2014

Dear All, Please find the MP3 recording for the Privacy and Proxy Services Accreditation Issues PDP Working group call held on Tuesday 25 November 2014 at 15:00 UTC. at: http://audio.icann.org/gnso/gnso-ppsa-20141125-en.mp3 On page: <http://gnso.icann.org/en/group-activities/calendar#nov> http://gnso.icann.org/en/group-activities/calendar#nov The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: <http://gnso.icann.org/calendar/> http://gnso.icann.org/calendar/ Attendees: Steve Metalitz - IPC Graeme Bunton – RrSG Frank Michlick – Individual Chris Pelling – RrSG Justin Macy - BC Susan Kawaguchi – BC Kristina Rosette – IPC Val Sherman – IPC Volker Greimann - RrSG Theo Geurts - RrSG Stephanie Perrin - NCSG James Bladel – RrSG Tatiana Khramtsova – RrSG Griffin Barnett – IPC Darcy Southwell – RrSG Alex Deacon – IPC Kathy Kleiman – NCSG Jim Bikoff – IPC Paul McGrady – IPC Osvaldo Novoa – ISPCP Phil Corwin – BC Sarah Wyld – RrSG Todd Williams – IPC John Horton – BC Camille Stewart – NO SOI, not mentioned as a member Susan Prosser – RrSG Keith Kupferschmid – IPC Vicky Scheckler – IPC Kiran Malancharuvil – IPC David Heasley - IPC Apologies : Dick Leaning – no soi Holly Raiche – ALAC Christian Dawson-ISPCP Carlton Samuels – ALAC Michele Neylon – RrSG Don Blumenthal – RySG Lindsay Hamilton-Reid- RrSG ICANN staff: Mary Wong Amy Bivins Nathalie Peregrine ** Please let me know if your name has been left off the list ** Mailing list archives: <http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/> http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/ Wiki page: <https://community.icann.org/x/9iCfAg> https://community.icann.org/x/9iCfAg Thank you. Kind regards, Nathalie ------------------------------- Adobe Connect chat transcript for Tuesday 25 November 2014: Nathalie Peregrine:Dear all, welcome to the PPSAI call on the 25th November 2014 Chris Pelling:Afternoon all Theo Geurts:good afternoon all Graeme Bunton:good morning all Bladel:Morning. John Horton:Good morning, all. Graeme Bunton:Someone needs to mute their mic Alex Deacon:Morning everyone... Kathy:Hi All! I got through the phone queue quickly today... Graeme Bunton:John, welcome back. John Horton:Thanks! :) Osvaldo Novoa:Hello all Keith Kupferschmid:Sorry for being late Nathalie Peregrine:Keith, your name has been noted for attendance. Nathalie Peregrine:Phil Corwin has joined Nathalie Peregrine:Vicky Schlecker and Volker Greiman have joined Nathalie Peregrine:Kristina Rosette has also joined Nathalie Peregrine:Kiran Malancharuvil has joined Nathalie Peregrine:Paul McGrady has joined the AC room Nathalie Peregrine:Stephanie Perrin has joined the call John Horton:Steve, I'd support Kiran's suggestion that we take a look at whether majority/minority remains the accurate/best description. Chris Pelling:Ok, at what point does a US lawyer have the right to overlook this ? Chris Pelling:this is a worldwide service Kiran Malancharuvil:Legal review of the question Chris Pelling:Can we keep the dog noises to a minimum please ? Mary Wong:@Kiran, do you have a suggestion as to how that can be done? I don't think we can review multiple jurisdictions, for instance. Chris Pelling:If this is placed on US lawyers only, I for one would then suggest this whole WG is a waste of time Kiran Malancharuvil:@Mary - surely ICANN has some precedent for doing this, for example what was done with IOC/RCRC Nathalie Peregrine:Disturbance is coming from an AC mic, so please click on the white arrow to the right if the mic icon and click mute Kiran Malancharuvil:Who suggested limiting to US lawyers Chris? Kiran Malancharuvil:There are mutliple jurisdictional reviews done all the time Chris Pelling:Kiran - predominently its always been US lawyers, so, we would then need to have a discussion about what lawyers to use Mary Wong:@Kiran and FYI for the WG, ICANN Legal did a sampling of several jurisdictions to come up with a summary of how each of these sampled jurisdictions implemented certain international legal treaty protections. It was a descriptive summary, not a proposal/recommendation on the way forward. Chris Pelling:personall I dont think it will help at this time Kiran Malancharuvil:Okay, so suggest that instead of throwing around assumptions. Chris Pelling:personally ) Graeme Bunton:Commercial use of resolved resources Kiran Malancharuvil:Frankly enough questions were raised in the sampling of international jurisdictions in FWD Strategies White Paper that I would find a deeper, independent legal review useful. Graeme Bunton:Agreed, James Bladel:Loud & clear Kathy:I agree with John - and think the current description is pretty accurate Chris Pelling:I must admit I am agreeign with John too Kathy:(regarding John's recommendation to go forward with writing up our description) Chris Pelling:^^ Same Frank Michlick:It's up to the user to decide whom to do business with. Whois privacy does not prevent contacting the owner. Graeme Bunton:Does that not assume that the entity that owns the domain is also the entity operating the website? Chris Pelling:Very crackily here Mary Frank Michlick:very very crackily and loud Chris Pelling:could be my end, anyone else ? Graeme Bunton:yep, your audio is poor Mary Philip Corwin:Mary audio breaking up Chris Pelling:thats better Val Sherman:clear now Bladel:clear now Frank Michlick:it's better if you're not too close / loud Chris Pelling:Thanks Mary Mary Wong:Thanks, everybody - sorry about that. Susan Kawaguchi:@ James but if you walk up to a storefront and choose to do business in a "real" store you would see a business license and interact with a person and then you may pay with a credit card but you still want to know who the store owner is Graeme Bunton:Susan - that's the person operating the store, not the owner of the building. We're talking about the building the store is in. Frank Michlick:Michele cannot join today. Bladel:Sure, but do we know who their landlord is? That's the domain equivalent, IMO. Kiran Malancharuvil:@Graeme - the owner of the building has to be posted as well Volker Greimann:need to drop early today, apologies Kathy:@Susan, not at the farmer's market, not at the flea markets worldwide, not at the small stalls worldwide Bladel:Tht would be down at the county record's office or something. Susan Kawaguchi:the domain name registration equates to the business license Susan Kawaguchi:not in California it is on the wall of the business Bladel:No, the domain name is more closely the deed to the real estate. Graeme Bunton:That's an interesting fundamental difference in approach Susan Kawaguchi:not at all in my opinion James Bladel:"Registrant is who you are giving your money to." eBay and Amazon Marketplace would disagree with that statement. Stephanie Perrin:Can someone please point me to the agreed definition of a domain name? Susan Kawaguchi:No when I shop at Costco I may use a third party to faciliate payment but I am doing business with Costco Susan Kawaguchi:If Costco doesn't deliver on the product I purchase I may go to the third party payer to resolve an issue but I paid Costco Susan Kawaguchi:I do not see any difference between shopping online at Costco.com and costco at Almaden plaza Kiran Malancharuvil:+1 Susan, there is no difference Mary Wong:@Stephanie, we do not have one but here is what the ICANN Glossary says about the DNS generally: https://www.icann.org/resources/pages/glossary-2014-02-03-en#d Stephanie Perrin:Just as we cannot make the rules for domain name registration work as if all customers were Facebook, we cannot foray into the area of commercial regulation as if all businesses or potential businesses using name and number resources were Costco. Stephanie Perrin:Thanks Mary. Stephanie Perrin:Not very helpful in terms of doing a legal analysis, is it? and defining a domain name is not within our mandate. Kristina Rosette:Is there a reason we wouldn't use "Registered Name", which is a defined term under the RAA. Mary Wong:@Kristina, that may be in line also with what Eric Brunner Williams wrote to the list a while ago about the technical parts behind/of a domain name. Mary Wong:Apologies for the duplicate D-4 (error in migrating across versions :)) Graeme Bunton:I'm enjoying your slow slide into Barry White style baritones, Steve. Mary Wong:Per Kristina's suggestion - here is the definition of Registered Name from the 2013 RAA: ""Registered Name" refers to a domain name within the domain of a gTLD, whether consisting of two (2) or more (e.g., john.smith.name) levels, about which a gTLD Registry Operator (or an Affiliate or subcontractor thereof engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name)." Kathy:Interesting, "standardized" can be across all p/p providers, or within a p/p provider. So some may have all-online processing; while others may not Graeme Bunton:Minimum standards, shouldn't preclude the option to capture more Kathy:I worry about standardization... Stephanie Perrin:I think we should then change the wording to "standardized set of elements" rather than a standardized form. Alex Deacon:Minimum standards should be the focus. Kiran Malancharuvil:minimum standards are great, but I would like whatever is easiest for individuals Kiran Malancharuvil:contactability is key Kathy:@Stephanie: agree. Mary: can the change be reflectedin the notes? Chris Pelling:Thanks all, and thanks Steve Bladel:Wishing all the non-US folks a quiet inbox this week! Kathy:Not standardarized form, but standardized elements? John Horton:Cheers. Thanks. Mary Wong:@Kathy, done! Stephanie Perrin:Thanks everyone. Kathy:Tx Mary, Tx Steve! Val Sherman:Thanks Steve, and everyone!

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Agenda and documents for WG call on Tuesday 25 November
by Mary Wong Nov. 24, 2014

Nov. 24, 2014

Dear all, Here is the proposed agenda for our next WG call on Tuesday 25 November: 1. Roll Call/Updates to SOI 2. Continue review of Preliminary Conclusions to date (see attached document containing the WG¹s preliminary conclusions for Categories A through E; this is the same document as was circulated last week) 3. Next steps/next meeting Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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Survey On Privacy
by Michele Neylon - Blacknight Nov. 20, 2014

Nov. 20, 2014

Some interesting results from a recent survey conducted in Ireland: http://technology.ie/privacy-survey-irish-data/ -- Mr Michele Neylon Blacknight Solutions Hosting & Colocation, Domains http://www.blacknight.host/ http://blog.blacknight.com/ http://www.blacknight.press/ http://www.technology.ie/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Social: http://mneylon.social ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,Ireland Company No.: 370845

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MP3 PPSAI WG - Tuesday 18 November 2014 at 1500 UTC
by Terri Agnew Nov. 18, 2014

Nov. 18, 2014

Dear All, Please find the MP3 recording for the Privacy and Proxy Services Accreditation Issues PDP Working group call held on Tuesday 18 November 2014 at 15:00 UTC. at: http://audio.icann.org/gnso/gnso-ppsa-20141118-en.mp3 On page: http://gnso.icann.org/en/group-activities/calendar#nov The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/calendar/ Attendees: Steve Metalitz - IPC Graeme Bunton – RrSG Frank Michlick – Individual Don Blumenthal – RySG Chris Pelling – RrSG Justin Macy - BC Susan Kawaguchi – BC Kristina Rosette – IPC Val Sherman – IPC Volker Greimann - RrSG Theo Geurts - RrSG Stephanie Perrin - NCSG David Cake - NCSG Michele Neylon – RrSG James Bladel – RrSG Tatiana Khramtsova – RrSG Griffin Barnett – IPC Christian Dawson-ISPCP Darcy Southwell – RrSG Dick Leaning – no soi Alex Deacon – IPC Brian Winterfeldt – IPC Carlton Samuels – ALAC Kathy Kleiman – NCSG Jim Bikoff – IPC Paul McGrady – IPC David Hughes – IPC David Heasley - IPC Apologies : Sarah Wyld – RrSG Holly Raiche – ALAC Osvaldo Novoa – ISPCP Phil Corwin – BC ICANN staff: Mary Wong Marika Konings Amy Bivins Nathalie Peregrine Terri Agnew ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-ppsai-pdp-wg/ Wiki page: https://community.icann.org/x/9iCfAg Thank you. Kind regards, Terri Agnew ------------------------------- Adobe Connect chat transcript for Tuesday 18 November 2014: Nathalie Peregrine:Welcome to the PPSAI call on 18 November 2014 Chris Pelling:afternoon all :) richard leaning:afternoon evryone Theo Geurts:Good afternoon all Theo Geurts::) Kathy:Hi All - sorry to be gone for two weeks. Bladel:Morning. Don't have much of a voice today, so I'll probably be in listen-only mode. :( Don Blumenthal:James, don't invite cheap shots. :) Frank Michlick:Good morning. Graeme Bunton:Here-ish, currently in frankfurt. Kathy:Maria did not run for Council again from NCSG Bladel:Ah, ok. Thought she was term-limited. Kathy:Could be both -- we'll certainly miss her on Council! (NCSG) Kathy:And there would be lots of questions! Bladel:Did I lose audio? Stephanie Perrin:Sound? Frank Michlick:So quiet Griffin Barnett:I don't have any audio either Kathy:No sound problem now Graeme Bunton:Sounds OK to me via Adobe Theo Geurts:all good here on adobe Bladel:No, it's back now. Darcy Southwell:All good for me Alex Deacon:loud and clear on adobe Justin Macy:Sounds ook Mary Wong:Thanks! Frank Michlick:Michele is having problems connecting to Adobe Frank Michlick:He's trying to join us richard leaning:its ok with adobe Bladel:Lets dive in! Terri Agnew:Carlton Samuels and David Cake have joined Carlton Samuels:Morning all. Apologies for late connection. Real challenge this morning with my ISP Kathy:Glad you are here, Carlton! Kathy:and David! Mary Wong:Just a note on Cat A - there are a couple other charter questions that the WG agreed to defer to the end of our deiliberations. We will therefore have to deal with these after our review of A-G. Kathy:Can we add this to the technical issues that we are looking at -- e.g., the transfer issues? Terri Agnew:Welcome Michele Neylon Michele Neylon:I've been on the audio bridge Michele Neylon:just having issues with browsers Carlton Samuels:Implementation issue Michele Neylon:ended up installing firefox steve metalitz:+1 to Carlton , best to leave to implementation -- which could include new field Chris Pelling:I remember the point of adding a field to the whois Carlton Samuels:FWIW, the EWG did not have a problem recommending new fields for the RDDS record but this decision was predicated on a whole new definitional class of interests Kathy::-) Kathy:@Mary, can you add to the Notes: any implications to adding a field in the Whois? Carlton Samuels:A P/P identity may be recorded by a flag, too. All would be processed by the EPP or new RDAP protocol val sherman:+ 1 to Susan steve metalitz:What Susan is advocating is what we have in prelim conclusion "as an exmaple" steve metalitz:example Graeme Bunton:Thats a reasonable point James Bladel:It's a good point, Stephane, but probably not part of B1. steve metalitz:@Stephanie, That's covered by B3. Carlton Samuels:@Steph: Domain transfer process would actually benefit, IMO. Stephanie Perrin:Just please let the record show that Michele asked me to expand on my comment :-) This does not happen often.. Stephanie Perrin:ON a serious note, thanks Steve, we can expand on it in B3 Kathy:That's an important point. Kathy:Great, tx Paul. Terri Agnew:Volker Greimann has joined Stephanie Perrin:It would be great to resend this interim spec, please. Stephanie Perrin:+1 Kathy Carlton Samuels:@Kathy: +1 to adding details - at least the labels with examples here. Bladel:STephanie: It's section 2.1 of this spec: Bladel:https://www.icann.org/resources/pages/approved-with-specs-2013-09-17… Carlton Samuels:@Steve: +1 Minimum standards but for completeness, I again recommend the EWG's approach; say what we mean with enough detail to allow a sense of the room to be carried forward Kathy:@Steve, I like the idea of telling the customer directly -- the details directly (whatever they are - baseline or more...) Kathy:@Carlton, are we saying the same thing? Bladel:Publication on the provider's website allows customers to investigate services before registration. steve metalitz:https://www.icann.org/resources/pages/approved-with-specs-2013-09-… is interim spec Carlton Samuels:@Kathy: Yes, I think so steve metalitz:sorry for duplication of link James already sent! Carlton Samuels:@Kathy: Again, +1 steve metalitz:Sorry, have to drop off a bit early. Kathy:@Mary, can we add "consideration of parity and clarity" to the Notes Stephanie Perrin:Carbon monoxide warnings on hibachis are a better analogy from my perspective. I was just going with Michele's example. Chris Pelling:I agree with Michele Kathy:Agree with Michele Frank Michlick:Agree with Michele Alex Deacon:also agree Stephanie Perrin:+1 Michele. Kathy:+1 James Kathy:Tx Don and All! Frank Michlick:bye richard leaning:thanks everyone Chris Pelling:thanks everyone

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Some updates on WG questions for staff from the last PPSAI WG call
by Mary Wong Nov. 18, 2014

Nov. 18, 2014

Dear all, Here are responses to the two questions/requests that came up in the call last week from the WG: On whether there has been any issues involving P/P registrations due to bulk transfers done as part of a registrar¹s de-accreditation process none that we know of as requiring further action. Compliance has received and resolved complaints about a registrant being unable to reach her registrar, or who thinks her domain has been hijacked - these were due to the registrant being unaware of the bulk transfer. Compliance has also received and resolved complaints about transfer pricing issues with the new registrar. On whether ICANN ³guarantees² that a registrant whose domain is bulk transferred will enjoy the same terms with the gaining registrar although in evaluating a bulk transfer to a potential gaining registrar ICANN reviews many different aspects of a registrar¹s operations, we do not ³guarantee² this. We hope this helps. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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Agenda and documents for WG call on Tuesday 18 November
by Mary Wong Nov. 17, 2014

Nov. 17, 2014

Dear WG members, Here is the proposed agenda for the WG call on Tuesday 18 November 2014: 1. Roll Call/Updates to SOI 2. Summary of WG progress & status update (WG Chair) 3. Commence review of WG Preliminary Conclusions A-G (WG) 4. Next steps Please note that the group will have the opportunity to complete its deliberations on outstanding charter questions and related topics, including within Categories F and G, during the next few weeks as we revisit each of our preliminary conclusions in each charter category. As noted in the revised Work Plan, the aim is to have a Draft Initial Report ready for full WG discussion by mid/late December, with the goal of publishing the actual Initial Report for public comment prior to, and discussion during, the ICANN52 meeting in February 2015. The following documents are also attached for your review: (1) a table comparing the current situation with that if the WG¹s various recommendations are adopted; (2) Annex H of the EWG¹s Final Report with recommendations concerning P/P providers; and (3) the WG¹s preliminary conclusions in Categories A through E. These documents, together with the Work Plan as well as the WG¹s preliminary conclusions on Category F and notes on Category G, have all been uploaded to the WG wiki for this week as well: https://community.icann.org/x/6jbxAg. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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Notes from the WG call on Tuesday
by Mary Wong Nov. 12, 2014

Nov. 12, 2014

Dear WG members, Please find attached a set of notes from the WG call on Tuesday, which the Chairs hope you¹ll agree was a constructive one. Please review the notes with a view toward finalizing discussions on these specific topics, and more broadly on Categories F and G, on our next call(s). Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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