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.