Hi Jim and All,
We like and appreciate the word "alleged" before unproven allegations - thank you. The reordering is good.  A few additional updates:
- The title of "maintenance" means different things to technical groups and lawyer groups. Basic registration issues are not generally
maintenance" issues, so they are now broken out further.

-  Whether "commercial entities" should be barred from proxy/privacy remains a misleading question. As we have discussed, all larger noncommercial organizations are "incorporated as a way to obtain insurance and other liability protections (or even as a threshold requirement to become a 501(c)(3) tax-deductible charity in the US).  You should not have to be a lawyer to understand this subtlety or to understand the implications of this question - so it is broken out below.

- Similarly, the issue of publication should be flagged - the publication of the contact data in the open Whois , and not just available to the requestor, is one to make clear.

Updates below in italics.

With the good work of the WG, we recommend these changes be percolated across all the documents we are working on and releasing - to SGs, ACs, SOs, etc.

Best,
Kathy
:

Dear All,

 

Although the question groupings are still being completed, it may be helpful to our audience if we grouped the questions in the letters in some logical, categorical manner, even if that grouping is but a draft. 

 

To address the substantive content of the questions, it seems that the ultimate issue is set forth in the first question: "What, if any, are the types of Standard Services Practices that should be adopted and published by ICANN-accredited privacy/proxy service providers?” The questions following it address that main issue.  Most of the issues and questions could be subsumed under the following general categories:

 

 · MAINTENANCE of privacy/proxy services; 

 · CONTACT point provided by each privacy/proxy service; 

 · RELAY of complaints to the privacy/proxy customer; and 

 · REVEAL of privacy/proxy customers' identities.  

If we followed this categorization, the issues and questions would be grouped as follows:  

 

 MAIN ISSUES

 

1.      What, if any, are the types of Standard Service Practices that should be adopted and published by ICANN-accredited privacy/proxy service providers? 

2.      Should ICANN distinguish between privacy and proxy services for the purpose of the accreditation process?  

3.      What are the contractual obligations, if any, that, if unfulfilled, would justify termination of customer access by ICANN-accredited privacy/proxy service providers? Should there be any  forms of non-compliance that would trigger cancellation or suspension of registrations?  If so, which?

4.      What are the effects of the privacy and proxy service specification contained in the 2013 RAA? Have these new requirements improved WHOIS quality, registrant contactability, and service usability?

5.      What should be the contractual obligations of ICANN accredited registrars with regard to accredited privacy/proxy service providers? Should registrars be permitted to knowingly accept registrations where the registrant is using unaccredited service providers that are bound to the same standards as accredited service providers?  

 

MAINTENANCE  

 

1.      Should ICANN-accredited privacy/proxy service providers be required to label WHOIS entries to clearly show when a registration is made through a privacy/proxy service?

2.      Should ICANN-accredited privacy/proxy service providers be required to conduct periodic checks to ensure accuracy of customer contact information; and if so, how?

3.      What rights and responsibilities should customers of privacy/proxy services have? What obligations should ICANN-accredited privacy/proxy service providers have in managing these rights and responsibilities? Clarify how transfers, renewals, and PEDNR policies should apply.

Basic Registration Issues

4.      Should ICANN-accredited privacy/proxy service providers distinguish between domain names registered or used for commercial with those registered or used for personal purposes? Specifically, is the use of privacy/proxy services appropriate when a domain name is registered or used for commercial purposes?

5.      Should there be a difference in the data fields to be displayed if the domain name is registered or used for a commercial purpose or by a commercial entity instead of a natural person? 

6.      Should the use of privacy/proxy services be restricted only to registrants who are private individuals using the domain name for non-commercial purposes?

 7. Should privacy/proxy services be available for noncommercial organizations (note: many noncommercial organization are incorporated as "companies" for insurance, liability and "charity" classification purposes)?

 

CONTACT  

 

1.      What measures should be taken to ensure contactability and responsiveness of the providers? 

2.      Should ICANN-accredited privacy/proxy service providers be required to maintain dedicated points of contact for reporting abuse? If so, should the terms be consistent with the requirements applicable to registrars under Section 3.18 of the RAA?

3.      Should full WHOIS contact details for ICANN-accredited privacy/proxy service providers be required?

4.      What forms of malicious conduct, if any, should be covered by a designated published point of contact at an ICANN-accredited privacy/proxy service provider?

 

RELAY  

1.      What, if any, baseline minimum standardized relay processes should be adopted by ICANN-accredited privacy/proxy service providers?

2.      Should ICANN-accredited privacy/proxy service providers be required to forward to the customer all allegations of illegal activities they receive relating to specific domain names of the customer? 

 

REVEAL

 

1.      What, if any, baseline minimum standardized reveal processes  should be adopted by ICANN-accredited privacy/proxy service providers?

2.      Should ICANN-accredited privacy/proxy service providers be required to reveal customer identities for the specific purpose of ensuring timely service of cease and desist letters by private parties? 

2a. Should the Registrant be notified of the "reveal" of it/his/her contact data to a private party?

3.       What forms of alleged malicious conduct, if any, and what evidentiary standard would be sufficient to trigger such disclosure? What specific violations, if any, would be sufficient to trigger such disclosure by private parties?

4.       What safeguards, if any, should be put in place to ensure adequate protections for privacy and freedom of expression? For prevention of stalking and harassment? For Protection against anti-competitive acts among competitors? Should these standards vary depending on whether the website is being used for commercial or non-commercial purposes?

4a? Publication: When should the contact information of a Registrant be not only published, but revealed in the 24*7 Whois database?  Must the Registrant be notified by publication? Should the registrant have the option to give up the domain name rather than having the contact data published? What safeguards or remedies should be available in cases where publication is found to have been unwarranted?

5.       What circumstances, if any, would warrant access to registrant data by law enforcement agencies?      

6.       What clear, workable, enforceable and standardized processes should be adopted by ICANN-accredited privacy/proxy services in order to regulate such access (if such access is warranted)? 

 

 

        Please let me know if this categorization is helpful.

 

Jim

 

James L. Bikoff

Silverberg, Goldman & Bikoff, LLP

1101 30th Street, NW

Suite 120

Washington, DC 20007

Tel: 202-944-3303

Fax: 202-944-3306

jbikoff@sgbdc.com

 

 

 

 



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