AT-LARGE GATEWAY
At-Large Regional Policy Engagement Program (ARPEP)
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Page History
Comment Close Date | Statement Name | Status | Assignee(s) and | Call for Comments | Call for Comments Close | Vote Announcement | Vote Open | Vote Reminder | Vote Close | Date of Submission | Staff Contact and Email | Statement Number | ||||||
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n/a | Policy Development Process (PDP) on Privacy & Proxy Services Accreditation Issues |
| Alan Greenberg | 17.04.2014 | 23.04.2014 20:00 UTC | 24.04.2014 00:00 UTC | 24.04.2014 00:00 UTC | 30.04.2014 | 01.05.2014 23:59 UTC | *23.04.2014 22:00 UTC | Glen de Saint Gery gnso.secretariat@gnso.icann.org | AL-ALAC-ST-0414-03-01-EN |
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Dear SO/AC Chair, As you may be aware, the GNSO Council recently initiated a Policy Development Process (PDP) on Privacy & Proxy Services Accreditation Issues. As part of its efforts to obtain input from the broader ICANN Community at an early stage of its deliberations, the Working Group that has begun to explore questions related to these issues is looking for any input or information that may help inform our deliberations. Below you will find an overview of the issues that the WG has been assigned to address in its charter. We would appreciate it very much if you would examine the items and provide any input that your group may have to the GNSO Secretariat (gnso.secretariat@gnso.icann.org). If you cannot submit your input, but your group would like to contribute, please let us know when we can expect to receive your contribution so that we can plan accordingly. While we would like your thoughts on all items, responses to a subset still will be helpful. Please feel free also to suggest modifications to or additional questions that your group believes useful for the WG to address. Your input will be valuable for informing the WG as we begin our work. We have included a list of relevant definitions at the end of this document in the hope that they will be of assistance to your group in providing input. For further background information on our WG’s activities to date and to follow our work as we move forward, see https://community.icann.org/x/9iCfAg.
With best regards, Don Blumenthal, Chair of the Privacy & Proxy Services Accreditation Issues PDP Working Group
QUESTIONS FOR WHICH THE WG WAS CHARTERED AND IS SEEKING INPUT This RAA PDP Working Group (WG) was created to provide the GNSO Council with policy recommendations regarding the issues identifiedduring the 2013 RAA negotiations, including recommendations made by law enforcement and GNSO workinggroups, that were not addressed during the 2013 RAA negotiations but are otherwise suited for a PDP. These issues focus onthe accreditation of Privacy & Proxy Services. As part of its deliberations on the matter, the RAA PDP WG was asked to, at a minimum, consider those issues detailed in theStaff Briefing Paper published on 16 September 2013 and included in the WG Charter (seehttps://community.icann.org/display/gnsopnpsrvaccrdtwg/WG+Charter). The WG has organized the questions in the hope that it adds clarity. I. MAIN ISSUES
II. MAINTENANCE
III. CONTACT
IV. RELAY
V. REVEAL
LIST OF RELEVANT DEFINITIONS (1) Privacy & Proxy Services The following definitions are those used by the GNSO in the various WHOIS studies it commissioned between 2010-2012 (http://gnso.icann.org/issues/whois/whois-working-definitions-study-terms-18feb09.pdf):
NOTE: The 2013 Registrar Accreditation Agreement contains a temporary specification relating to Privacy & Proxy Services, which refers to these services as follows (http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.pdf): 1.1 "P/P Customer" means, regardless of the terminology used by the P/P Provider, the licensee, customer, beneficial user, beneficiary, or other recipient of Privacy Services and Proxy Services. 1.2 "Privacy Service" is a service by which a Registered Name is registered to its beneficial user as the Registered Name Holder, but for which alternative, reliable contact information is provided by the P/P Provider for display of the Registered Name Holder's contact information in the Registration Data Service (Whois) or equivalent services. 1.3 "Proxy Service" is a service through which a Registered Name Holder licenses use of a Registered Name to the P/P Customer in order to provide the P/P Customer use of the domain name, and the Registered Name Holder's contact information is displayed in the Registration Data Service (Whois) or equivalent services rather than the P/P Customer's contact information. 1.4 "P/P Provider" or "Service Provider" is the provider of Privacy/Proxy Services, including Registrar and its Affiliates, as applicable. (2) Relay & Reveal Requests The following descriptions are taken from the GNSO’s Terms of Reference for a proposed Proxy & Privacy Relay & Reveal Study in 2010 (http://gnso.icann.org/issues/whois/whois-proxy-privacy-relay-reveal-studies-tor-29sep10-en.pdf):
For many domains (including those registered via Privacy services), the Registered Name Holder's identity is published directly in WHOIS. However, for domains registered via Proxy services, the name of the licensee is not published in WHOIS; third party licensees can typically only be identified by asking the Proxy to reveal the licensee's identity, given reasonable evidence of actionable harm. |
FINAL VERSION TO BE SUBMITTED IF RATIFIED
Please click here to download of the copy of the pdf below.
PDF name AL-ALAC-ST-0414-03-01-EN.pdf
FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC
The ALAC strongly supports amending the Privacy Proxy Specification such that:
- It is applicable to all Privacy and Proxy providers.
- The personal details of the beneficial user are verified in accordance with verification requirements in the 2013 RAA. The process should ensure that, at least when the information is collected, that the proposed beneficial user is a real person/organisation and that the contact details are those of the proposed beneficial user.
- Limits on access to the personal information of the beneficial user must be clear and balance the legitimate privacy requirements of the beneficial user as against the legitimate needs of law enforcement agencies and UDRP providers.
The ALAC further advises that in the case where a beneficial user is revealed during the process of a UDRP, and that UDRP proceeding finds in favour of the registrant and not the entity filing the UDRP, the identity and contact information of the beneficial user must NOT be revealed in any public document resulting from the UDRP.
FIRST DRAFT SUBMITTED
The ALAC strongly supports amending the Privacy Proxy Specification such that:
- It is applicable to all Privacy and Proxy providers.
- The personal details of the beneficial user are verified in accordance with verification requirements in the 2013 RAA. The process should ensure that, at least when the information is collected, that the proposed beneficial user is a real person/organisation and that the contact details are those of the proposed beneficial user.
- Limits on access to the personal information of the beneficial user must be clear and balance the legitimate privacy requirements of the beneficial user as against the legitimate needs of law enforcement agencies and UDRP providers.
One further thought. The current UDRP process requires that the beneficial user be reported in the results of the UDRP, regardless of outcome. This allows a beneficial user to be revealed publicly even if the win the dispute and if the UDRP was filed with the explicit intent of revealing the beneficial user. I would suggest that in the interest of protecting registrants who opt for privacy, we recommend that the PDP WG consider the possibility of the beneficial user not be revealed in the case of a failed UDRP. It is unclear (to me) if this is strictly within the scope of the PDP, but if not, the WG could make a recommendation that this be done when the UDRP is revised (scheduled in the near future).