Dear All,

Following yesterday's meeting, please find attached the updated template for Cat D – Q 4 attached for your review. Based on our discussions, the proposed preliminary recommendation has been updated as follows:

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The WG recommends that the requirements in relation to which forms of alleged malicious conduct would be covered by the designated published point of contact at an ICANN-accredited privacy/proxy service provider include an indicative list of forms of malicious conduct that would need to be covered while at the same time these requirements should allow for enough flexibility to accommodate new types of malicious conduct being covered. Section 3 of the Public Interest Commitments (PIC) Specification in the New gTLD Registry Agreement[1] or Safeguard 2, Annex 1 of the GAC’s Beijing Communique[2] could serve as examples for how this could be achieved.

Furthermore, the WG recommends standardizing reporting forms, which would nonetheless continue to include space for free form text. A starting point for such a form could be that used under the Digital Millennium Copyright Act (DMCA) in the United States. At a minimum such a form should include: [to be completed]. It was also suggested that providers have the ability to “categorize” reports received, in order to facilitate responsiveness.

[1] Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name.

[2] Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name.

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Best regards,


Marika