Re: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4
I shortened the description but didn’t make substantive changes. The WG recommends that the requirements concerning forms of alleged malicious conduct that would be covered by a providers's designated published point of contact should include a list of forms of conduct that would need to be covered. At the same time these requirements should allow for the flexibility to accommodate new types of malicious conduct. 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. =================== From: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Date: Wednesday, June 18, 2014 at 10:09 AM To: PPSAI <gnso-ppsai-pdp-wg@icann.org<mailto:gnso-ppsai-pdp-wg@icann.org>> Subject: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4 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: =============== 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. =================== You are encouraged to share any comments / edits you may have with the mailing list. Best regards, Marika
Hi Don, Has anyone circulated a U.S. DMCA form so that people in the PPSAI can see one before adopting this recommendation? Best, Kathy :
I shortened the description but didn't make substantive changes.
The WG recommends that the requirements concerning forms of alleged malicious conduct that would be covered by a providers's designated published point of contact should include a list of forms of conduct that would need to be covered. At the same time these requirements should allow for the flexibility to accommodate new types of malicious conduct. 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.
===================
From: Marika Konings <marika.konings@icann.org <mailto:marika.konings@icann.org>> Date: Wednesday, June 18, 2014 at 10:09 AM To: PPSAI <gnso-ppsai-pdp-wg@icann.org <mailto:gnso-ppsai-pdp-wg@icann.org>> Subject: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4
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:
===============
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.
===================
You are encouraged to share any comments / edits you may have with the mailing list.
Best regards,
Marika
_______________________________________________ Gnso-ppsai-pdp-wg mailing list Gnso-ppsai-pdp-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
Hi All, I have just realised that I haven’t reminded everyone that I am French since a while, so here it comes. More seriously, although I understand that DMCA is a widely known act, I trust we could improve upon it by looking at the requirements other countries impose for such form to be considered as valid. For example, in France, on top of having the almost exact same requirements as the DMCA, the law requires that a copy of the notification/C&D letter sent to the website publisher be included. Thus, putting the reporter/complainant on the right path (it being the one leading to the party controlling the allegedly infringing website). The article I am referring to is available at (in French only, sorry): http://www.legifrance.gouv.fr/affichTexteArticle.do?idArticle=JORFARTI000002... Obviously, if they are no details available on the litigious website, then the obligation doesn’t stand. But in my experience having the complainant contact the website publisher rather than the service provider help settle most of those matters. My 2 Francs. Luc On Jun 18, 2014, at 19:56, Kathy Kleiman <kathy@kathykleiman.com<mailto:kathy@kathykleiman.com>> wrote: Hi Don, Has anyone circulated a U.S. DMCA form so that people in the PPSAI can see one before adopting this recommendation? Best, Kathy : I shortened the description but didn’t make substantive changes. The WG recommends that the requirements concerning forms of alleged malicious conduct that would be covered by a providers's designated published point of contact should include a list of forms of conduct that would need to be covered. At the same time these requirements should allow for the flexibility to accommodate new types of malicious conduct. 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. =================== From: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Date: Wednesday, June 18, 2014 at 10:09 AM To: PPSAI <gnso-ppsai-pdp-wg@icann.org<mailto:gnso-ppsai-pdp-wg@icann.org>> Subject: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4 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: =============== 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. =================== You are encouraged to share any comments / edits you may have with the mailing list. Best regards, Marika _______________________________________________ Gnso-ppsai-pdp-wg mailing list Gnso-ppsai-pdp-wg@icann.org<mailto:Gnso-ppsai-pdp-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg _______________________________________________ Gnso-ppsai-pdp-wg mailing list Gnso-ppsai-pdp-wg@icann.org<mailto:Gnso-ppsai-pdp-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg ________________________________ -------------------------------------------------------- This e-mail and any attached files are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail by mistake, please notify the sender immediately and delete it from your system. You must not copy the message or disclose its contents to anyone. Think of the environment: don't print this e-mail unless you really need to. --------------------------------------------------------
Don To avoid duplicative efforts wouldn't it be better to see how far APWG et al had got with their standardized reporting stuff? M -- Mr Michele Neylon Blacknight Solutions Hosting & Colocation, Domains http://www.blacknight.co/ http://blog.blacknight.com/ http://www.technology.ie Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Twitter: http://twitter.com/mneylon ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,Ireland Company No.: 370845 From: gnso-ppsai-pdp-wg-bounces@icann.org [mailto:gnso-ppsai-pdp-wg-bounces@icann.org] On Behalf Of Don Blumenthal Sent: Wednesday, June 18, 2014 12:20 PM To: Marika Konings; gnso-ppsai-pdp-wg@icann.org Subject: Re: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4 I shortened the description but didn't make substantive changes. The WG recommends that the requirements concerning forms of alleged malicious conduct that would be covered by a providers's designated published point of contact should include a list of forms of conduct that would need to be covered. At the same time these requirements should allow for the flexibility to accommodate new types of malicious conduct. 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. =================== From: Marika Konings <marika.konings@icann.org<mailto:marika.konings@icann.org>> Date: Wednesday, June 18, 2014 at 10:09 AM To: PPSAI <gnso-ppsai-pdp-wg@icann.org<mailto:gnso-ppsai-pdp-wg@icann.org>> Subject: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4 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: =============== 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 or Safeguard 2, Annex 1 of the GAC's Beijing Communique 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. 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. 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. =================== You are encouraged to share any comments / edits you may have with the mailing list. Best regards, Marika
There is something odd about the standardized reporting requirement. I'll send out some proposed edits later today... Kathy:
Don
To avoid duplicative efforts wouldn't it be better to see how far APWG et al had got with their standardized reporting stuff?
M
--
Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Domains
Intl. +353 (0) 59 9183072
Direct Dial: +353 (0)59 9183090
Twitter: http://twitter.com/mneylon
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,Ireland Company No.: 370845
*From:*gnso-ppsai-pdp-wg-bounces@icann.org [mailto:gnso-ppsai-pdp-wg-bounces@icann.org] *On Behalf Of *Don Blumenthal *Sent:* Wednesday, June 18, 2014 12:20 PM *To:* Marika Konings; gnso-ppsai-pdp-wg@icann.org *Subject:* Re: [Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4
I shortened the description but didn't make substantive changes.
The WG recommends that the requirements concerning forms of alleged malicious conduct that would be covered by a providers's designated published point of contact should include a list of forms of conduct that would need to be covered. At the same time these requirements should allow for the flexibility to accommodate new types of malicious conduct. Section 3 of the Public Interest Commitments (PIC) Specification in the New gTLD Registry Agreement[1] <#_ftn1> or Safeguard 2, Annex 1 of the GAC's Beijing Communique[2] <#_ftn2> 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] <#_ftnref1> 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] <#_ftnref2> 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.
===================
*From: *Marika Konings <marika.konings@icann.org <mailto:marika.konings@icann.org>> *Date: *Wednesday, June 18, 2014 at 10:09 AM *To: *PPSAI <gnso-ppsai-pdp-wg@icann.org <mailto:gnso-ppsai-pdp-wg@icann.org>> *Subject: *[Gnso-ppsai-pdp-wg] For your review - updated template Cat D - Q4
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:
===============
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 Agreementor Safeguard 2, Annex 1 of the GAC's Beijing Communiquecould 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.
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.
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.
===================
You are encouraged to share any comments / edits you may have with the mailing list.
Best regards,
Marika
_______________________________________________ Gnso-ppsai-pdp-wg mailing list Gnso-ppsai-pdp-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-ppsai-pdp-wg
participants (4)
-
Don Blumenthal -
Kathy Kleiman -
Luc SEUFER -
Michele Neylon - Blacknight