I think this is of concern to non-commercial users who seek anonymity or
privacy in domain name registration through the use of third party
agents or attorneys.  The attempt to tie registration of a domain name
to "liab[ility] for harm caused by the wrongful use of the domain name"
is both wrong policy and far outside ICANN's scope.

Does NCUC or NCSG want to submit comments?  I submit this as a comment
in my individual capacity.

--Wendy


> The purpose of this advisory is to clarify that if a Registered Name Holder licenses the use of a
> domain name to a third party, that third party is a licensee, and is not the Registered Name
> Holder of record (also referred to as the "registrant" or "domain-name holder" in the ICANN
> RAA, UDRP, and other ICANN policies and agreements). This advisory also will clarify that a
> Registered Name Holder licensing the use of a domain is liable for harm caused by the wrongful
> use of the domain unless the Registered Name Holder promptly identifies the licensee to a
> party providing the Registered Name Holder with reasonable evidence of actionable harm.

-------- Original Message --------
Subject: [council] Public Comment: Draft Advisory on the Effect of
Registrar Accreditation Agreement (RAA) Subsection 3.7.7.3
Date: Tue, 18 May 2010 02:18:48 -0700
From: Glen de Saint Géry <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>



http://www.icann.org/en/announcements/announcement-14may10-en.htm

________________________________
Public Comment: Draft Advisory on the Effect of Registrar Accreditation
Agreement (RAA) Subsection 3.7.7.3

14 May 2010

ICANN has observed community comment concerning the interpretation of
RAA Subsection 3.7.7.3. In order to provide clarity, ICANN is posting
for public comment the following draft advisory
http://www.icann.org/en/compliance/reports/draft-advisory-raa-3773-14may10-en.pdf
[PDF, 216 KB]. The forum will be open through 9 July 2010.

One central clarification: if a Registered Name Holder licenses the use
of a domain name to a third party, a licensee, the third party is not
the Registered Name Holder of record (or "registrant"). This advisory
also describes under what conditions that a Registered Name Holder is to
identify the licensee and to whom.

Community members are invited to review the draft advisory and comment
on all aspects of the document. At the end of this Public Comment
period, ICANN Staff will review the comments submitted, prepare a
summary analysis of the various submissions, and post the final version
of the advisory.

The Public Comment Forum is located here:
http://www.icann.org/en/public-comment/public-comment-201007-en.htm#raa-3773
Glen de Saint Géry
GNSO Secretariat
[log in to unmask]<mailto:[log in to unmask]>
http://gnso.icann.org



-- 
Wendy Seltzer -- [log in to unmask]
Fellow, Silicon Flatirons Center at University of Colorado Law School
Fellow, Berkman Center for Internet & Society at Harvard University
http://cyber.law.harvard.edu/seltzer.html
http://www.chillingeffects.org/
https://www.torproject.org/