RE: [dow2tf] Topics for Mondays call

["Tim Ruiz" <tim@xxxxxxxxxxx>]

Steve,

I think ICANN has no business delving into any of the issues you raise below
regarding Proxy services. The Proxy IS the registrant and the RAA already
makes it clear they take on all of the obligations of a registrant. Neither
ICANN's mission nor their MoU permits them to delve into issues regarding
third party contacts between registrants and others who they may allow to
use their domain names. And I doubt highly if ICANN would have any desire,
or the resources, to do that anyway.

Tim


-----Original Message-----
From: owner-dow2tf@xxxxxxxxxxxxxx [mailto:owner-dow2tf@xxxxxxxxxxxxxx] On
Behalf Of Steve Metalitz
Sent: Thursday, April 22, 2004 6:58 AM
To: Tom Keller; dow2tf@xxxxxxxxxxxxxx
Subject: RE: [dow2tf] Topics for Mondays call

In response to Jordyn's call for specific proposals to be discussed on
Monday:

1.  ICANN should: 
(a) incorporate compliance with the notification and consent requirement
(R.A.A. Secs. 3.7.7.4, 3.7.7.5) as part of its overall plan to improve
registrar compliance with the RAA.  (See MOU Amendment II.C.14.d). 
(b) issue an advisory reminding registrars of the importance of compliance
with this contractual requirement, even registrars operating primarily in
countries in which local law apparently does not require registrant consent
to be obtained.
(c)  encourage development of best practices that will improve the
effectiveness of giving notice to, and obtaining consent from, domain name
registrants with regard to uses of registrant contact data, such as by
requesting that GNSO commence a policy development process (or other
procedure) with goal of developing such best practices.  

2.  ICANN should conduct further research on the use of "proxy registration
services" within the framework of Sec. 3.7.7.3 of the RAA, including but not
limited to the following issues:
*	the rate of uptake of such services, and consumer response to them;
*	what steps are taken to ensure that the registrar collects (or has
immediate access to) accurate, complete and current contact information on
all registrants taking advantage of such services;
*	the circumstances under which contact information of the actual
registrant is disclosed pursuant to the RAA provision (i.e., the "evidence
of actionable harm" scenario);
*	how registrants are notified when the withheld data is released to
third parties;
*	scalability of such services.   
The results of such research should be reported to the GNSO Council by a
date certain so that consideration can be given to whether the contractual
provisions should be changed.  

Steve Metalitz 

 

-----Original Message-----
From: Thomas Keller [mailto:tom@xxxxxxxxxx] 
Sent: Thursday, April 22, 2004 8:37 AM
To: dow2tf@xxxxxxxxxxxxxx
Subject: [dow2tf] Topics for Mondays call

Hello,

following Jordyns suggestion I would like to propose the following topics
for discussion on our next call.

1.) Icann whois regulation and local laws/regulations
2.) Tiered access model (Registrars/ALAC)

The reasons behind choosing these two topics is that the first one is a
basic contractual matter and a decision on it will have direct impact on the
further discussion and therefore should be dealed with it before we start
with anything else. The second proposed topic seems to be a possible
solution for a new whois service which has maximum support from the
constituencies. I would further like to suggest to split topic 2 into two
areas which should be discussed separately. 

a.) What data must be provided to access the tiers.
b.) What data must be provided in the tiers.

Best,

tom

--

Thomas Keller

Domain Services
Schlund + Partner AG
Brauerstrasse 48         		Tel. +49-721-91374-534
76135 Karlsruhe, Germany               	Fax  +49-721-91374-215
http://www.schlund.de                  	tom@xxxxxxxxxx