Re: [bc-gnso] FOR REVIEW: Latest draft of BC comments on Expert Working Group (EWG) for directory services (Whois)

[Laura Covington <lhc@xxxxxxxxxxxxx>]

Certainly willing to hear more from others who may disagree but I think text is 
appropriate as is (sites seeking donations do not get privacy/proxy services); 
I have work experience relating to trying to deal with potentially scam fund 
raisers after 9/11.


Laura Covington
VP, Intellectual Property Policy
Yahoo! Inc.
lhc@xxxxxxxxxxxxx
408.349.5187

From: Steve DelBianco 
<sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>>
Date: Tuesday, September 3, 2013 3:02 PM
To: "Smith, Bill" 
<bill.smith@xxxxxxxxxxxxxx<mailto:bill.smith@xxxxxxxxxxxxxx>>, Andy Abrams 
<abrams@xxxxxxxxxx<mailto:abrams@xxxxxxxxxx>>
Cc: "bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx> list" 
<bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx>>
Subject: Re: [bc-gnso] FOR REVIEW: Latest draft of BC comments on Expert 
Working Group (EWG) for directory services (Whois)

Yes, but that's not entirely Andy's point, Bill.   Andy first suggested we 
allow privacy protections for a website that solicited donations.

Do BC members believe that donation-soliciting sites should be eligible for 
privacy/proxy services?

As Andy notes, donors are often fooled by sites that pretend to be a reputable 
group helping with an emergency.  The Red Cross/Red Crescent has talked about 
this at ICANN before.  Should we really be recommending that ICANN allow 
privacy/proxy services for any site that solicits donations, as opposed to 
payments for services/goods/ads?

Please read (and react) to the text proposed for this section (page 2, 
re-attached for your convenience), because the discussion thread sometimes 
tells only half the story…

From: <Smith>, Bill 
<bill.smith@xxxxxxxxxxxxxx<mailto:bill.smith@xxxxxxxxxxxxxx>>
Date: Tuesday, September 3, 2013 5:19 PM
To: Andy Abrams <abrams@xxxxxxxxxx<mailto:abrams@xxxxxxxxxx>>
Cc: Steve DelBianco 
<sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>>, 
"bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx> list" 
<bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx>>
Subject: Re: [bc-gnso] FOR REVIEW: Latest draft of BC comments on Expert 
Working Group (EWG) for directory services (Whois)

I'm all for expanding the clause to include non-IP abuse.

On Sep 3, 2013, at 1:08 PM, "Andy Abrams" 
<abrams@xxxxxxxxxx<mailto:abrams@xxxxxxxxxx>> wrote:

Hi Steve,

We really appreciate your work on this document and your efforts to capture the 
discussions from last week.  Our only minor follow-up comment relates to the 
use of the term "donations" in the first sentence of "Eligibility for Protected 
Registration."  Per our previous comment, I think there are some issues with 
including "donations" as a per se reason to disqualify one from taking 
advantage of privacy/proxy services, given the frequent connection between 
donations and political or other free speech.  With that said, I recognize that 
there is value in preventing a specific abuse relating to donations, namely, 
charity scams that solicit money.  Perhaps we can reach a compromise by 
removing the term from the sentence, but by broadening the second clause in the 
sentence to include other abuses beyond IP infringement, including phishing, 
malware, financial scams, etc.

We'd love to hear others' views on this point.

Best,

Andy and Aparna


On Mon, Sep 2, 2013 at 8:49 AM, Steve DelBianco 
<sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>> wrote:
As a follow-up to Thursday's BC call, here's a new draft for member review.

First thing I did was re-read the EWG report on which we are commenting. 
(link<http://www.icann.org/en/groups/other/gtld-directory-services/initial-report-24jun13-en.pdf>)
  It's also helpful to review FAQs published by the EWG 
(link<http://www.icann.org/en/groups/other/gtld-directory-services/faqs>)

Second thing I did was review prior BC positions on this, starting with our 
Jul-2011 "Response to WHOIS Policy Review Team Discussion Paper" 
(link<http://www.bizconst.org/Positions-Statements/BC_on_WHOIS_Review_Questions.pdf>)
 where the BC said:  "ICANN should also consider mechanisms to create and 
maintain a centralized WHOIS database."

Also see Jun-2012 BC comment on WHOIS Affirmation Review 
(link<http://www.bizconst.org/Positions-Statements/BC%20on%20WHOIS%20RT%20Final%20Report.pdf>),
 where we endorsed privacy/proxy obligations:
• Adopting agreed standardized relay and reveal processes and timeframes
• Conducting periodic due diligence checks on customer contact information;
• Providing clear and unambiguous guidance on the rights and responsibilities 
of registered name holders, and how those should be managed in the Privacy / 
Proxy environment.

And see our May-2013 comments on the new RAA 
(link<http://www.bizconst.org/Positions-Statements/BC%20Comment%20on%20final%202013%20RAA%20%5BFINAL%5D.pdf>),
 where we proposed Relay and Reveal obligations and timelines for privacy/proxy 
services.

Then I started with our 9-Aug draft comments and added discussion from 29-Aug 
BC member call.

Attached is my 2-Sep draft, plus a redline comparing with the previous draft 
distributed (9-Aug).

Please REPLY ALL with objections or comments before Thursday 5-Sep so we can 
meet the EWG deadline of 6-Sep.

Looking forward to an informed and respectful discussions, so we can get our 
thoughts to the EWG while they are working on their final report for October 
publication.

--
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482<tel:%2B1.202.420.7482>




--
Andy Abrams | Trademark Counsel
Google | 1600 Amphitheatre Parkway, Mountain View, CA 94043
(650) 669-8752<https://www.google.com/voice#phones>