Hello everyone, Forwarding Vicky¹s message (below), which does not seem to have made it to the list. From: Victoria Sheckler <vsheckler@riaa.com> Date: Monday, November 30, 2015 at 16:02 To: "gnso-ppsai-pdp-wg@icann.org" <gnso-ppsai-pdp-wg@icann.org>, Mary Wong <mary.wong@icann.org> Cc: "Steven J. Metalitz (met@msk.com)" <met@msk.com> Subject: RE: [Gnso-ppsai-pdp-wg] Final Report with updated recommendations, and next steps
In reviewing the recommendations on p.7, it seems to me that the third sentence of the section copied below is overbroad and unnecessary for the purpose here.
o ³Registrars are not to knowingly accept registrations from privacy or proxy service providers who are not accredited through the process developed by ICANN. For non-accredited entities registering names on behalf of third parties, the WG notes that the obligations for Registered Name Holders as outlined in section 3.7.7 of the 2013 RAA would apply[1] <#_ftn1> . In this regard, the WG notes that the consequence of this recommendation is that an accredited privacy or proxy service provider that is in good standing with ICANN will therefore not be liable for the actions of their customers. Similarly, an individual or entity that is acting as a privacy or proxy service, but that is not accredited by ICANN or not in good standing, will be considered the registrant of record, and thus responsible for the domain name registration in question.²
It is not our place to say whether an accredited p/p provider is or is not liable for the actions of its customers. While one would think that in most cases, the accredited p/p provider would not be, I can envision scenarios where the p/p provider would be liable. Given this, either the last two sentences of the section above should be deleted (as the second sentence I think captures the rule for non-accredited entities acting as a p/p service) or the section should be revised to read as follows:
o ³Registrars are not to knowingly accept registrations from privacy or proxy service providers who are not accredited through the process developed by ICANN. For non-accredited entities registering names on behalf of third parties, the WG notes that the obligations for Registered Name Holders as outlined in section 3.7.7 of the 2013 RAA would apply[2] <#_ftn2> . In this regard, the WG notes that an individual or entity that is acting as a privacy or proxy service, but that is not accredited by ICANN or not in good standing, will be considered the registrant of record.²
MARY since my posts don¹t always make it to the entire list, can I ask that you please forward it on if it looks like it didn¹t go through? Thanks! - Vicky
[1] <#_ftnref1> Section 3.7.7.3 of the 2013 RAA reads as follows: ³Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name.²
[2] <#_ftnref2> Section 3.7.7.3 of the 2013 RAA reads as follows: ³Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name.²