Hi All, What a night! I can see the 24*7 party of the WRT continued. Thanks so very much! Regarding the language below, could someone be an expert guide? Is it a replacement of the whole of the Proxy Recommendations, or in addition to the Voluntary Best Practices Guidelines (which I really liked) Otherwise, I am thinking and researching. I think this is a big change below, and I am not keen on #3 at all. Many, many people use proxy services for many, many things, and the Recommendations section seems an odd place to put a value judgement on that. Otherwise, there are some fascinating legal concepts, and my brain already hurts! Thinking hard first thing in the AM and still reviewing. I would like to know what James thinks, Kathy
Data Access- Proxy Service
1. The Review Team considers a Proxy Service as a relationship in which the registrant is acting on behalf of another. The WHOIS data is that of the agent/proxy service and the agent/proxy service alone obtains all rights and assumes all responsibility for the domain name and its manner of use. 2. ICANN should clarify that any registrant that may be acting as a proxy service for another is in all respects still the registrant and, in ICANN's view, should be held fully responsible for the use of the domain name including for any and all harm that results from the use of the domain name. 2. Because of ICANN's position on proxy services to date, which tolerates the proxy service industry that has arisen and which through RAA provisions gives recognition and attempts to regulate that industry, has been used by courts and others to allow proxy services to escape liability for bad acts of the proxy service customers, ICANN should either delete or amend those provisions of the RAA that can or have been used to allow proxy services to escape liability. 3. The Review Team acknowledges that there may be legitimate reasons for the occasional use of a proxy service, as for example to protect a valuable trade secret at product launch. At the same time proxy services should not be viewed or used as a substitute for privacy services that are designed to shield an individual's personal contact information. The legitimate use a proxy service would be the exception and not widespread. 4. A proxy service industry willing to accept full risks and liabilities for the manner in which domain names through its service will be used will take the necessary precautionary measures, in its relationship with its customers, such that domain names so registered are unlikely to be misused and, if misused, a remedy for those victimized will more likely be available.