Isn’t “Hosting Provider” is really better described as “Name Server designation”? After all, that is how the hosting provider is identified.

Question 1: (d) the hosting provider details are necessary to inquire relative to the actual use of the domain name, including the content available via the website to which the domain name resolves. Use of the domain name is directly related to a legal purpose because the nature of use is inherently included within the confines of the UDRP (or similar ADR method specified by a ccdld) which is incorporated by reference within the Registration Agreement. As such, compliance with the UDRP (or ADR) is a legal requirement of the registrant and investigation as to the nature of use – specifically here the name server designated (or hosting provider) is directly relevant to that legal purpose.

Question 2: Vicky’s text requires modification. Registrar/registries are not legally obligated to respond to third party inquiries concerning a domain name. That said, a request for information relative to the use of a domain name addressed to a registrar/registry will be met with a reply akin to “we only register the domain names at thee request of our customer. For issues concerning actual use please contact the hosting provider”…..

From: Gnso-rds-pdp-6 <gnso-rds-pdp-6-bounces@icann.org> on behalf of Chuck <consult@cgomes.com>
Date: Monday, March 5, 2018 at 4:30 PM
To: 'RDS PDP DT6' <gnso-rds-pdp-6@icann.org>
Subject: [Gnso-rds-pdp-6] DT6 Legal Actions Deliverable Latest Version

Here is the latest version of our deliverable. Note that this is the same one I sent Friday.

It seems clear to me that we do not have consensus on adding ‘hosting provider’ so I provided some approaches to dealing with it below.

Farzaneh – Thank for the responses you sent today including supporting Vicky’s edits to Q3; please pick one of the choices below for Q1.

All – Please pick one of the choices below for Q1 and answer the question for Q3.

Question 1

Should we add ‘hosting provider’? Please pick one of these choices or suggest a different one:

Do not add it
Add it with a comment that we did not reach full consensus and explain the different positions
Do not add it with a comment that explains why not
Other: ?

Question 3

Should we add Vicky’s suggested comment at the end?

“Domain name registrants (or designated representatives), registrars or registries would be expected to respond at their discretion to communications from entities seeking civil or prior to litigation relief. Respond doesn’t mean to comply with the request, but rather acknowledge the request and let the requestor know what action, if any, will be taken.” (Edits are welcome.)

Pleases respond as soon as possible TODAY.

Chuck