PPSAI Initial Report

[Lindsay Hamilton-Reid <Lindsay.Hamilton-Reid@xxxxxxxxxxxxx>]

Dear Mary

Please see our comment from 1&1 Internet SE on the above subject matter:

The initial report has some interesting findings and as such we support the 
majority of the findings from the WG.  There are some issues which we feel we 
should raise.

The suggestion that commercial organisations should be prohibited from using 
privacy and proxy services is not supported by us and we believe that any 
organisation, commercial or otherwise, should have the opportunity to avail 
themselves of these services.  This could be in relation to a new product 
launch or indeed, as mentioned in the report, for freedom of speech reasons.

The decision whether to relay, reveal, publish or disclose seems fraught with 
difficulty.  While producing a court order (or any other such order) will 
induce disclosure, is it to be suggested that a privacy and proxy provider has 
to act as judge and jury to decide whether or not to publish or to disclose the 
identity of a domain name owner?  Web hosting companies face the same issue and 
are not in a position to act as judge and jury and, therefore, we would suggest 
that the same onerous burden is not put on these providers.  It must also be 
remembered that any complaint of abuse must be in relation to the domain name 
only.

In view of the above, is it also suggested that any accredited privacy and 
proxy provider would then be held liable for not publishing or disclosing the 
identity of that domain name owner?  If so, this surely would then achieve the 
desired result of either publishing or disclosing the required identity as the 
privacy and proxy provider may see this as too great a risk to continue to 
provide the service.

We also strongly agree that content is not part of ICANN's or any working 
group's remit and advise a definitive line is drawn between domain names and 
content.  While the working group has conclusively determined this same 
outcome, we feel it is important to state this publicly.

We also feel that any privacy and proxy provider should be governed by national 
law, in the same way as any other company.  Regulations in certain countries 
insist upon businesses putting their full contact details on their website.  
Any accreditation process or ICANN rules must take national laws into 
consideration.

Many thanks

Lindsay

Lindsay Hamilton-Reid
Legal Counsel
Direct: +44 (0)1452 509145  |  Mobile: 07720 091147  |  Email: 
Lindsay.Hamilton-Reid@xxxxxxxxxxx<mailto:Lindsay.Hamilton-Reid@xxxxxxxxxxx>
www.1and1.co.uk<http://www.1and1.co.uk/>

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