Dear all,

The proposed agenda for our next Working Group call on Tuesday 26 August is as follows:
  1. Roll Call/Updates to SOI
  2. Continue deliberations on F-1 (updated template attached)
  3. [if time permits] Commence deliberations on F-2 (initial draft template attached)
  4. Next steps

Please also note the following additional points:

(1) In initial discussions last week, the WG agreed on the need to distinguish between “disclosure” of a P/P customer’s details to a third party requestor, and “publication” of those details in Whois. To that end, the following definition was proposed via email, and has been added to the template for F-1 as a suggested Preliminary Conclusion:

“Publication” - means the reveal of a person’s (I.e. the licensee or beneficial owner of a registered domain name) identity/contact details in the Whois system
“Disclosure” - means the reveal of a person’s (i.e. the licensee or beneficial owner of a registered domain name) identity/contact details to a third party requestor.

(2) The WG Chairs note that this Category F contains several potentially overlapping questions; as such, discussions under F-1 and F-2 may well “spill over” into or get taken up by discussions of the other questions and some of the remaining Category F questions may be combined following our next call. For your convenience, here are the remaining Category F questions:

F-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? 
F-3: What forms of alleged malicious conduct, if any, and what evidentiary standard would be sufficient to trigger a reveal?
F-4: What safeguards must be put in place to ensure adequate protections for privacy and freedom of expression?
F-5: What circumstances, if any, would warrant access to registrant data by law enforcement agencies?  
F-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)? 
F-7: What specific alleged violations of the provider’s terms of service, if any, would be sufficient to trigger publication of the registrant/owner’s contact information?
F-8: What safeguards or remedies should be available in cases where publication is found to have been unwarranted?

F-9: What are the contractual obligations, if any, that if unfulfilled would justify termination of customer access by ICANN-accredited privacy/proxy service providers? 

Thanks and cheers

Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong@icann.org