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

 


https://daks2k3a4ib2z.cloudfront.net/59358b8cf7332631232417e8/595fb59d73c5b113a1d2a61b_WIPG_LogoMark.png

Griffin M. Barnett

Associate

Winterfeldt IP Group

1200 17th St NW, Ste 501

Washington, DC  20036

griffin@winterfeldt.law

+1 202 759 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


_______________________________________________
Gnso-rds-pdp-6 mailing list
Gnso-rds-pdp-6@icann.org
https://mm.icann.org/mailman/listinfo/gnso-rds-pdp-6