Hi Chuck and Griffin, The purpose of legal action should be in line with ICANN mission. This does not appear in the document especially the additions provided by Griffin. ICANN should not facilitate content takedown and we have Bylaws provisions that certainly attest to that. Griffin states that:" the purpose would be to determine the identity of the web hosting provider associated with any content located at the domain name and what is the hosting provider's jurisdiction." There is no need to identify web hosting providers as long as it does not relate to ICANN mission and it will be against ICANN bylaws. Also I think the definition is frankly too broad and I think we mentioned this in Abu Dhabi. Definition: The “legal actions” purpose of RDS includes assisting certain parties( or their legal representatives, agents or service providers) to investigate and enforce civil and criminal laws, protect recognized legal rights, address online abuse or contractual compliance matters, or to assist parties defending against these kinds of activities, in each case with respect to all stages associated with such activities, including: investigative stages; communications with registrants, registration authorities or hosting providers, or administrative or technical personnel relevant to the domain at issue; arbitrations; administrative proceedings; civil litigations (private or public); and criminal prosecutions. All the abovementioned activities should take place to help ICANN carry out its mission and nothing more. Additionally, we need to clarify what we mean by legal authority. Best Farzaneh Farzaneh On Thu, Mar 1, 2018 at 12:06 PM, Griffin Barnett <Griffin@winterfeldt.law> wrote:
Thanks for the reminder Chuck. Please find some comments in the attached.
Best,
Griffin
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[image: https://daks2k3a4ib2z.cloudfront.net/59358b8cf7332631232417e8/595fb59d73c5b1...] <https://www.winterfeldt.law/>
*Griffin M. Barnett*
Associate
Winterfeldt IP Group
1200 17th St NW, Ste 501
Washington, DC 20036
griffin@winterfeldt.law
+1 202 759 5836 <(202)%20759-5836>
*From:* Gnso-rds-pdp-6 [mailto:gnso-rds-pdp-6-bounces@icann.org] *On Behalf Of *Chuck *Sent:* Thursday, March 1, 2018 12:03 PM *To:* gnso-rds-pdp-6@icann.org *Subject:* [Gnso-rds-pdp-6] DT6 Answers to Questions - First Draft for DT Review *Importance:* High
It would be very helpful if each of you could provide your first thoughts on the attached draft TODAY. Note that it is just slightly over one page long.
Chuck
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