But this is creating a "strict liability standard." That's not fair. Further, your lawyer is not taking on that responsibility... and neither should a grandmother registering for a grandchild. Kathy On 11/16/2015 4:50 PM, Susan Kawaguchi wrote:
No not talking about changing anything about the UDRP or URS just using that as an example if it is an unaccredited proxy vendor then they will be held responsible for the same liabilities any registrant is held to. No chance of them saying “sorry not my domain name here is the “true” registrant contact info”
From: <gnso-ppsai-pdp-wg-bounces@icann.org <mailto:gnso-ppsai-pdp-wg-bounces@icann.org>> on behalf of Kathy Kleiman <kathy@kathykleiman.com <mailto:kathy@kathykleiman.com>> Date: Monday, November 16, 2015 at 11:00 AM To: "gnso-ppsai-pdp-wg@icann.org <mailto:gnso-ppsai-pdp-wg@icann.org>" <gnso-ppsai-pdp-wg@icann.org <mailto:gnso-ppsai-pdp-wg@icann.org>> Subject: Re: [Gnso-ppsai-pdp-wg] Accredited proxy providers vs unaccredited proxy providers
Susan, Are we talking about changing the way UDRP and URS handle privacy/proxy situations? I think that is outside of the scope of this WG. Best, Kathy
On 11/16/2015 12:34 PM, Susan Kawaguchi wrote:
Hello All,
I have given more thought about the discussion concerning accredited proxy vendors versus all other unaccredited proxy vendors, including lawyers. It seems to me that we are never going to be able to capture each variation of the unaccredited proxy vendor and James brought up a point that I think we should consider.
If accredited proxy vendors adhere to all the requirements we are describing they will have the benefit of not being considered the registrant of the domain name.
Any other type of unaccredited proxy service should simply not exist and they should always be considered the registrant with all the rights and liabilities that go along with being the registrant. We simply would not recognize any other existing relationship.
We could make this very clear Accredited proxy or registrant and not delve into all the grey areas.
The unaccredited proxy provider would be considered the Registrant in all actions including the URS and UDRP.
I am hoping we can discuss further on the call tomorrow.
Best,
Susan Kawaguchi Facebook, Inc.
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