Definitions of Privacy and Proxy
Hello All, We seem to use varying definitions of privacy and proxy. I found these two definitions of both terms in our draft report In Chapter 4 page 43 u Privacy Services provide the Registrant's Name, but the Privacy Service's contact information. The Privacy Service passes on non-spam messages to the Registrant, particularly legal notices, acting as a type of "registered agent." u Proxy Services register the domain name and license it to another for use. Chapter 8 Page 80 Privacy services limit certain user details from WHOIS by offering alternate contact information and mail forwarding services, while not actually shielding the user's identity. Proxy services have a third-party register domain names on the user's behalf and then license the use of the domain name so that a third-party's contact information (and not the licensee's) is published in WHOIS. I prefer the definitions from the Sept. 28, 2009 NORC report. Background To ensure that the community can identify who is responsible for a domain name, a registered name holder is required to provide and update, as needed, their contact information with their registrar of record. Registrars are required by ICANN to collect and provide free public access to the name of the registered domain name and its name servers and registrar, the date the domain was created and when its registration expires, and the contact information for the Registered Name Holder, the technical contact, and the administrative contact. In some instances, a registered name holder chooses to limit the amount of personal information that its registrar of record makes available to the public via a Whois query of their database. To do so, a registered name holder generally uses a privacy or proxy registration service. For the purpose of this study, the definitions of privacy and proxy services, as they relate to their use in the domain name system, are as follows: A privacy service provider offers the registrant an opportunity to register a domain name while concealing some personal identifying information listed in a WHOIS directory, such as his or her address, telephone number, or email address, by providing alternate contact information, often that of the privacy service provider. A proxy service provider registers the domain name on the registrant's behalf and then licenses the use of the domain name to the registrant. The contact information in a WHOIS directory for a domain name registered with a proxy service is that of the proxy service provider. There may be an intentional use of the other definitions that I am not aware of but I feel we should provide an extremely clear definition of each term since they are currently used interchangeably in the marketplace. Susan Susan Kawaguchi Domain Name Manager Facebook Inc. 1601 California Avenue Palo Alto, CA Phone - 650 485-6064 Cell - 650 387 3904 Please note my email address has changed to skawaguchi@fb.com NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents.
Hi Susan, Thanks for picking this up, and I agree with your comments about consistency. To add to the complexity, I've pasted below the definitions we agreed in Dakar (taken from the recommendations document): Proxy: A relationship in which the registrant is acting on behalf of another. The WHOIS data is that of the agent and the agent alone obtains all rights and assumes all responsibility for the domain name and its manner of use. Privacy: Registrant Name and a subset of other information (possibly null set) [PN: withheld?] but consistent across ICANN. I can see that we may not want to use the exact same set of words throughout the report, as there are different contexts etc, but we should keep an agreed set of words in mind and make sure any subsequent references are fully consistent. My preferred 'proxy' definition is the one we agreed in Dakar, as it makes the legal aspects very clear. The NORC 'privacy' definition seems fine, but equally we could flesh out the one we developed in Dakar a bit more - it seems fine, but a bit skeletal (I think we may have run out of words/time to finish it). Some of the other privacy definitions go into detail about how a service should act (i.e. it should provide 'mail forwarding' or 'pass non-SPAM messages'), which to me seems out of place in a definition. Cheers, Peter From: rt4-whois-bounces@icann.org [mailto:rt4-whois-bounces@icann.org] On Behalf Of Susan Kawaguchi Sent: Tuesday, 29 November 2011 11:40 AM To: rt4-whois@icann.org Subject: [Rt4-whois] Definitions of Privacy and Proxy Hello All, We seem to use varying definitions of privacy and proxy. I found these two definitions of both terms in our draft report In Chapter 4 page 43 u Privacy Services provide the Registrant's Name, but the Privacy Service's contact information. The Privacy Service passes on non-spam messages to the Registrant, particularly legal notices, acting as a type of "registered agent." u Proxy Services register the domain name and license it to another for use. Chapter 8 Page 80 Privacy services limit certain user details from WHOIS by offering alternate contact information and mail forwarding services, while not actually shielding the user's identity. Proxy services have a third-party register domain names on the user's behalf and then license the use of the domain name so that a third-party's contact information (and not the licensee's) is published in WHOIS. I prefer the definitions from the Sept. 28, 2009 NORC report. Background To ensure that the community can identify who is responsible for a domain name, a registered name holder is required to provide and update, as needed, their contact information with their registrar of record. Registrars are required by ICANN to collect and provide free public access to the name of the registered domain name and its name servers and registrar, the date the domain was created and when its registration expires, and the contact information for the Registered Name Holder, the technical contact, and the administrative contact. In some instances, a registered name holder chooses to limit the amount of personal information that its registrar of record makes available to the public via a Whois query of their database. To do so, a registered name holder generally uses a privacy or proxy registration service. For the purpose of this study, the definitions of privacy and proxy services, as they relate to their use in the domain name system, are as follows: A privacy service provider offers the registrant an opportunity to register a domain name while concealing some personal identifying information listed in a WHOIS directory, such as his or her address, telephone number, or email address, by providing alternate contact information, often that of the privacy service provider. A proxy service provider registers the domain name on the registrant's behalf and then licenses the use of the domain name to the registrant. The contact information in a WHOIS directory for a domain name registered with a proxy service is that of the proxy service provider. There may be an intentional use of the other definitions that I am not aware of but I feel we should provide an extremely clear definition of each term since they are currently used interchangeably in the marketplace. Susan Susan Kawaguchi Domain Name Manager Facebook Inc. 1601 California Avenue Palo Alto, CA Phone - 650 485-6064 Cell - 650 387 3904 Please note my email address has changed to skawaguchi@fb.com NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents. ------------------------------------------------------------------------------- NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. This message has been content scanned by the Axway MailGate. 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I feel there is a very large problem with adopting the NORC report's definition of proxy, although I find the NORC report's definition of privacy service eloquent and accurate. The problem with the NORC report's definition of proxy is that it designates the licensee as the "registrant" and in doing so, shifts all legal responsibilities and risks from the retail proxy service onto the hidden licensee. This definition is unfortunate, and can only lead to confusion and contradiction as we attempt to move forward. Seth From: rt4-whois-bounces@icann.org [mailto:rt4-whois-bounces@icann.org] On Behalf Of Susan Kawaguchi Sent: Monday, November 28, 2011 2:40 PM To: rt4-whois@icann.org Subject: [Rt4-whois] Definitions of Privacy and Proxy Hello All, We seem to use varying definitions of privacy and proxy. I found these two definitions of both terms in our draft report In Chapter 4 page 43 u Privacy Services provide the Registrant's Name, but the Privacy Service's contact information. The Privacy Service passes on non-spam messages to the Registrant, particularly legal notices, acting as a type of "registered agent." u Proxy Services register the domain name and license it to another for use. Chapter 8 Page 80 Privacy services limit certain user details from WHOIS by offering alternate contact information and mail forwarding services, while not actually shielding the user's identity. Proxy services have a third-party register domain names on the user's behalf and then license the use of the domain name so that a third-party's contact information (and not the licensee's) is published in WHOIS. I prefer the definitions from the Sept. 28, 2009 NORC report. Background To ensure that the community can identify who is responsible for a domain name, a registered name holder is required to provide and update, as needed, their contact information with their registrar of record. Registrars are required by ICANN to collect and provide free public access to the name of the registered domain name and its name servers and registrar, the date the domain was created and when its registration expires, and the contact information for the Registered Name Holder, the technical contact, and the administrative contact. In some instances, a registered name holder chooses to limit the amount of personal information that its registrar of record makes available to the public via a Whois query of their database. To do so, a registered name holder generally uses a privacy or proxy registration service. For the purpose of this study, the definitions of privacy and proxy services, as they relate to their use in the domain name system, are as follows: A privacy service provider offers the registrant an opportunity to register a domain name while concealing some personal identifying information listed in a WHOIS directory, such as his or her address, telephone number, or email address, by providing alternate contact information, often that of the privacy service provider. A proxy service provider registers the domain name on the registrant's behalf and then licenses the use of the domain name to the registrant. The contact information in a WHOIS directory for a domain name registered with a proxy service is that of the proxy service provider. There may be an intentional use of the other definitions that I am not aware of but I feel we should provide an extremely clear definition of each term since they are currently used interchangeably in the marketplace. Susan Susan Kawaguchi Domain Name Manager Facebook Inc. 1601 California Avenue Palo Alto, CA Phone - 650 485-6064 Cell - 650 387 3904 Please note my email address has changed to skawaguchi@fb.com NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents.
Hi Susan, Seth, Peter Thanks for your thoughts on this. I agree on consistency, and will be happy to go with whatever you guys think best. Alice - you can edit in as appropriate, yes? On 29 November 2011 00:39, Susan Kawaguchi <susank@fb.com> wrote:
*Hello All, *
** **
We seem to use varying definitions of privacy and proxy. I found these two definitions of both terms in our draft report****
** **
In Chapter 4 page 43 ****
**u ***Privacy Services *provide the Registrant's Name, but the Privacy Service's contact information. The Privacy Service passes on non-spam messages to the Registrant, particularly legal notices, acting as a type of “registered agent.”****
****
**u ***Proxy Services* register the domain name and license it to another for use. ****
** **
Chapter 8 Page 80****
** **
*Privacy *services limit certain user details from WHOIS by offering alternate contact information and mail forwarding services, while not actually shielding the user’s identity. ****
* *
*Proxy *services have a third-party register domain names on the user’s behalf and then license the use of the domain name so that a third-party’s contact information (and not the licensee’s) is published in WHOIS. ****
** **
I prefer the definitions from the Sept. 28, 2009 NORC report. ****
*Background *****
To ensure that the community can identify who is responsible for a domain name, a registered name holder is required to provide and update, as needed, their contact information with their registrar of record. Registrars are required by ICANN to collect and provide free public access to the name of the registered domain name and its name servers and registrar, the date the domain was created and when its registration expires, and the contact information for the Registered Name Holder, the technical contact, and the administrative contact. ** **
In some instances, a registered name holder chooses to limit the amount of personal information that its registrar of record makes available to the public via a Whois query of their database. To do so, a registered name holder generally uses a privacy or proxy registration service. For the purpose of this study, the definitions of privacy and proxy services, as they relate to their use in the domain name system, are as follows: ****
* *
* *
*A privacy service provider **offers the registrant an opportunity to register a domain name while concealing some personal identifying information listed in a WHOIS directory, such as his or her address, telephone number, or email address, by providing alternate contact information, often that of the privacy service provider. *****
*A proxy service provider **registers the domain name on the registrant’s behalf and then licenses the use of the domain name to the registrant. The contact information in a WHOIS directory for a domain name registered with a proxy service is that of the proxy service provider.*****
** **
There may be an intentional use of the other definitions that I am not aware of but I feel we should provide an extremely clear definition of each term since they are currently used interchangeably in the marketplace. ** **
** **
Susan****
** **
Susan Kawaguchi****
Domain Name Manager****
** **
Facebook Inc.****
1601 California Avenue****
Palo Alto, CA****
** **
Phone - 650 485-6064****
Cell - 650 387 3904****
** **
Please note my email address has changed to skawaguchi@fb.com ****
NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents.****
** **
** **
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-- * * 76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 • m: +44 (0)7540 049 322 emily@emilytaylor.eu *www.etlaw.co.uk* Emily Taylor Consultancy Limited is a company registered in England and Wales No. 730471. VAT No. 114487713.
I would be happy to go with the more formal definition if we can use parenthesis to illustrate the actual point (name published). There is a real concern from many that the issue is already obscure, and so I hope we can begin the education process and open up the discussion! Kathy Hi Susan, Seth, Peter
Thanks for your thoughts on this. I agree on consistency, and will be happy to go with whatever you guys think best.
Alice - you can edit in as appropriate, yes?
On 29 November 2011 00:39, Susan Kawaguchi <susank@fb.com <mailto:susank@fb.com>> wrote:
*Hello All, *
We seem to use varying definitions of privacy and proxy. I found these two definitions of both terms in our draft report
In Chapter 4 page 43
u*/Privacy Services /*provide the Registrant's Name, but the Privacy Service's contact information. The Privacy Service passes on non-spam messages to the Registrant, particularly legal notices, acting as a type of "registered agent."
u*/Proxy Services/* register the domain name and license it to another for use.
Chapter 8 Page 80
/Privacy /services limit certain user details from WHOIS by offering alternate contact information and mail forwarding services, while not actually shielding the user's identity.
//
/Proxy /services have a third-party register domain names on the user's behalf and then license the use of the domain name so that a third-party's contact information (and not the licensee's) is published in WHOIS.
I prefer the definitions from the Sept. 28, 2009 NORC report.
*Background *
To ensure that the community can identify who is responsible for a domain name, a registered name holder is required to provide and update, as needed, their contact information with their registrar of record. Registrars are required by ICANN to collect and provide free public access to the name of the registered domain name and its name servers and registrar, the date the domain was created and when its registration expires, and the contact information for the Registered Name Holder, the technical contact, and the administrative contact.
In some instances, a registered name holder chooses to limit the amount of personal information that its registrar of record makes available to the public via a Whois query of their database. To do so, a registered name holder generally uses a privacy or proxy registration service. For the purpose of this study, the definitions of privacy and proxy services, as they relate to their use in the domain name system, are as follows:
*//*
*//*
*/A privacy service provider /*/offers the registrant an opportunity to register a domain name while concealing some personal identifying information listed in a WHOIS directory, such as his or her address, telephone number, or email address, by providing alternate contact information, often that of the privacy service provider. /
*/A proxy service provider /*/registers the domain name on the registrant's behalf and then licenses the use of the domain name to the registrant. The contact information in a WHOIS directory for a domain name registered with a proxy service is that of the proxy service provider./
There may be an intentional use of the other definitions that I am not aware of but I feel we should provide an extremely clear definition of each term since they are currently used interchangeably in the marketplace.
Susan
Susan Kawaguchi
Domain Name Manager
Facebook Inc.
1601 California Avenue
Palo Alto, CA
Phone - 650 485-6064 <tel:650%20485-6064>
Cell - 650 387 3904 <tel:650%20387%203904>
Please note my email address has changed to skawaguchi@fb.com <mailto:skawaguchi@fb.com>
NOTICE: This email (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. Unless you are the intended recipient, you may not use, copy, or retransmit the email or its contents.
_______________________________________________ Rt4-whois mailing list Rt4-whois@icann.org <mailto:Rt4-whois@icann.org> https://mm.icann.org/mailman/listinfo/rt4-whois
--
__
76 Temple Road, Oxford OX4 2EZ UK t: +44 (0)1865 582 811 . m: +44 (0)7540 049 322 emily@emilytaylor.eu <mailto:emily@emilytaylor.eu>
*www.etlaw.co.uk <http://www.etlaw.co.uk>*
Emily Taylor Consultancy Limited is a company registered in England and Wales No. 730471. VAT No. 114487713.
_______________________________________________ Rt4-whois mailing list Rt4-whois@icann.org https://mm.icann.org/mailman/listinfo/rt4-whois
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participants (5)
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Emily Taylor -
Kathy Kleiman -
Nettlefold, Peter -
Seth M Reiss -
Susan Kawaguchi