For those interested in the final results of the privacy proxy services
accreditation issues working group, which wrapped up last year after
much discussion and debate,
https://community.icann.org/pages/viewpage.action?pageId=43983094, the
Board has passed the final recommendations, accepting the Government
Advisory Committee's request to attempt to accommodate their concerns as
expressed in their recommendations to the PDP, during the next phase
which is implementation. This represents a compromise. It will be
important for our stakeholder group to have strong representation on the
Implementation Review Team, which should be starting up shortly.
One of the critical issues was whether or not businesses or those
conducting financial transactions on a website should be allowed to use
privacy proxy services. Our position was that they should, for many
reasons, notably that small businesses and organizations, including
charitable organizations, may process small payments or donations on the
web, but may still need to have their address and contact information
protected if they are subject to harassment or discrimination in some
regions. There are many other reasons, including a very important one
in my view: ICANN must not get further into the business of making
policy based on information appearing on websites.
Stephanie Perrin
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e. GNSO Policy Recommendations on Privacy & Proxy Services Accreditation
Whereas, on 31 October 2013, the GNSO Council approved the charter for a Working Group to conduct a Policy Development Process that had been requested by the ICANN Board concerning the accreditation by ICANN of privacy and proxy domain name registration service providers, as further described at http://gnso.icann.org/en/drafts/raa-pp-charter-22oct13-en.pdf [PDF, 463 KB].
Whereas, the PDP followed the prescribed PDP steps as stated in the ICANN Bylaws, resulting in a Final Report being delivered to the GNSO Council on 8 December 2015.
Whereas, the Privacy & Proxy Services Accreditation Issues PDP Working Group (WG) reached Full Consensus on all its final recommendations (see http://gnso.icann.org/en/issues/raa/ppsai-final-07dec15-en.pdf [PDF, 1.24 MB]).
Whereas, the GNSO Council reviewed and discussed the final recommendations of the Privacy & Proxy Services Accreditation Issues PDP WG, and adopted the recommendations on 21 January 2016 by a unanimous vote (see http://gnso.icann.org/en/council/resolutions - 201601.)
Whereas, the GNSO Council vote exceeded the required voting threshold (i.e. supermajority) to impose new obligations on ICANN contracted parties.
Whereas, in accordance with the ICANN Bylaws, a public comment period was opened on the approved recommendations to provide the community with a reasonable opportunity to comment on their adoption prior to action by the ICANN Board, and the comments received have been summarized and reported (see https://www.icann.org/en/system/files/files/report-comments-ppsai-recommendations-31mar16-en.pdf [PDF, 299 KB]).
Whereas, the ICANN Bylaws provide that the Board is to request the GAC's opinion regarding "any policies that are being considered by the Board for adoption that substantially affect the operation of the Internet or third parties, including the imposition of any fees or charges" and "take duly into account any advice timely presented" as a result.
Whereas, the Board notified the GAC of the publication of the GNSO's final recommendations for public comment on 19 February 2016 (see https://gacweb.icann.org/download/attachments/27492514/2016-02-19-Steve-Crocker-to-Thomas-Schneider-GNSO-PDP.pdf?version=1&modificationDate=1456046942000&api=v2 [PDF, 819 KB]).
Whereas, in its Marrakech Communiqué issued on 9 March 2016 the GAC advised the ICANN Board that it needed more time to consider potential public policy concerns relating to the adoption of the final PDP recommendations (see https://gacweb.icann.org/download/attachments/28278854/GAC Morocco 55 Communique FINAL.pdf?version=1&modificationDate=1458046221000&api=v2 [PDF, 567 KB]).
Whereas, on 15 May 2016 the Board acknowledged receipt of the GNSO's PDP recommendations and resolved to consider them at its first meeting following ICANN56 to enable the GAC to provide timely advice, if any (see https://www.icann.org/resources/board-material/resolutions-2016-05-15-en - 2.a).
Whereas, in its Helsinki Communiqué issued on 30 June 2016 the GAC advised the ICANN Board to direct that the GAC's concerns be effectively addressed to the greatest extent feasible by the Implementation Review Team that is to be convened to implement the adopted recommendations (see https://gacweb.icann.org/display/gacweb/Governmental+Advisory+Committee?preview=/27132037/43712639/20160630_GAC%20ICANN%2056%20Communique_FINAL%20.pdf [PDF, 328 KB]).
Resolved (2016.08.09.08), the Board hereby adopts all the final recommendations of the Privacy & Proxy Services Accreditation Issues PDP Working Group, as passed by a unanimous vote of the GNSO Council on 21 January 2016 ("Privacy/Proxy Policy Recommendations").
Resolved (2016.08.09.09), the Board directs the President and CEO, or his authorized designee, to develop and execute an implementation plan, including costs and timelines, for the Privacy/Proxy Policy Recommendations consistent with ICANN Bylaws Annex A and the Implementation Review Team Guidelines & Principles endorsed by the Board on 28 September 2015 (see https://www.icann.org/resources/board-material/resolutions-2015-09-28-en - 2.f), and to continue communication with the community on such work. In the event that policy issues arise in the course of implementation discussions, they should be referred back to the GNSO in accordance with the framework for implementation associated with GNSO policy recommendations, including the Implementation Review Team Guidelines & Principles.
Resolved (2016.08.09.10), the Board acknowledges the GAC's advice from the Helsinki Communiqué regarding the Privacy/Proxy Policy Recommendations. The Board will consider the GAC's advice and provide input to the Implementation Review Team for consideration in implementation planning.
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