Am I right that ICANN Staff seems to be pushing all of this into one box?

Best,
Kathy
:

I have exchanged a few emails on the subject of the economics of registrar's handling of whois data with the owner of canadian-based easyDNS (he put together a whois masking feature that is called myprivacy.ca that isn't quite a privacy-proxy service: it's more of a whois mining/spamming protection), and he was basically telling me that most registrars (i.e. it's in the economic structure of the registrar game) will dump you at the first sign of trouble, if not even before. That is, whether or not 'trouble' is legitimate (while this should be for a judge to decide).

I opined that there was surely no problem with having a lawyer register some domains for you if you had an agreement with him/her specifying principal and agent, or some such, and that I was surprised that such services were not more popular.

Anybody know if some lawyers are actively offering domain registering proxy services "en masse"?

By the way, one should go take a look at righthaven.org's FAQ (it is down at the time of this writing, but well worth the immediate read, try entering "cache:http://www.righthaven.com/blog/content/answers-frequently-asked-questions" as your google search terms), which is a hosting service that purports to be "with a spine" i.e. they will, amongst other things, fight the subpoenas.

Nicolas

On 3/5/2012 11:28 AM, Wendy Seltzer wrote:

I'm very concerned by item 1 (below):

We should work to see the language and to ensure that it would not
exclude the registration of names on another's behalf by an agent
committed to protecting privacy, such as an attorney.

LEA REQUEST 1: (a) If ICANN creates a Privacy/Proxy Accreditation
Service, Registrars will accept proxy/privacy registrations only
from accredited providers; (b) “Registrants using privacy/proxy
registration services will have authentic Whois information
immediately published by Registrar when registrant is found to be
violating terms of service”

Agreement in Principle: (a) Yes (b) Yes
Agreement on Language: (a) Yes (b) No

Notes/Comments
(a) Registrars will comply with commercially reasonable privacy/proxy
accreditation scheme

(b) “Reveal” or “relay” provisions will be included in a
proxy/privacy accreditation program.

(c) Further discussion needed to address
request for “publication” of underlying
data to general public, which may raise
data protection issues.

(d) Further discussion required on issues
related to escrow of underlying data,
issues related to unidentified, informal
proxy service providers, determination
that registrant is violating terms of
service

On 03/05/2012 11:13 AM, Konstantinos Komaitis wrote:

FYI



Dr. Konstantinos Komaitis,

Senior Lecturer,
Director of Postgraduate Instructional Courses
Director of LLM Information Technology and Telecommunications Law
University of Strathclyde,
The Law School,
Graham Hills building,
50 George Street, Glasgow G1 1BA
UK
tel: +44 (0)141 548 4306
http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765
Selected publications: http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038
Website: www.komaitis.org<http://www.komaitis.org>

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Glen de Saint Géry
Sent: Δευτέρα, 5 Μαρτίου 2012 3:50 μμ
To: [log in to unmask]
Subject: [liaison6c] ICANN and Registrar Negotiation Team Post Summary of RAA Negotiations


http://www.icann.org/en/news/announcements/announcement-01mar12-en.htm
1 March 2012

In advance of the Costa Rica meeting, ICANN and the Registrar Negotiation Team have prepared a summary of the negotiations<http://www.icann.org/en/resources/registrars/raa/raa-negotiations-progress-report-01mar12-en.pdf> [PDF, 117 KB] on the Registrar Accreditation Agreement (RAA). After the Board directed ICANN and the Registrars<http://www.icann.org/en/groups/board/documents/resolutions-28oct11-en.htm#7> to proceed into negotiations regarding recommendations by law enforcement<http://www.icann.org/en/reso
urces/registrars/raa/raa-law-enforcement-recommendations-01mar12-en.p
df> [PDF, 111 KB] and recommendations from the GNSO, negotiations proceeded at a brisk pace, with 13 negotiation sessions held to date. There are many topics where ICANN and the Registrar Negotiation Team are close to agreement on language, and even more topics where there is agreement in principle. Because of the comprehensive nature of the amendments, it is expected that all negotiated language will be posted a

s a unified document after further negotiation.

The summary chart<http://www.icann.org/en/resources/registrars/raa/raa-negotiations-progress-report-01mar12-en.pdf> [PDF, 117 KB] released today provides information on nearly all of the items that have been raised in the negotiations, and the current status of agreement on those issues.


Glen de Saint Géry
GNSO Secretariat
[log in to unmask]<mailto:[log in to unmask]>
http://gnso.icann.org

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