RE: [gnso-consumercci-dt] Re: USG Text Paste of CT Definition => for my AI from todays CCI-WG call

["Michael R. Graham" <mgraham@xxxxxxxxxxxxxx>]

This draft looks good, and I agree with the revised Note 1.  I have, however, 
made some proposed revisions to the latest version and attach these in WORD 
format red-lined for consideration.



Michael R. Graham





[cid:imagee7478d.GIF@60ab1921.4086b80c]


Michael R. Graham
Marshall, Gerstein & Borun LLP
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________________________________
From: owner-gnso-consumercci-dt@xxxxxxxxx [owner-gnso-consumercci-dt@xxxxxxxxx] 
on behalf of Cheryl Langdon-Orr [langdonorr@xxxxxxxxx]
Sent: Tuesday, May 29, 2012 8:35 PM
To: Berry Cobb
Cc: gnso-consumercci-dt@xxxxxxxxx
Subject: [gnso-consumercci-dt] Re: USG Text Paste of CT Definition => for my AI 
from todays CCI-WG call

Yes Berry  exactly what I wanted  [cid:332@goomoji.gmail]  I now provide for 
the WG to consider the following =>

Proposed  Alt Text  for CT Definition inclusive of aspects of PC( USG 
specifically) input...

Definition of Consumer Trust
Proposed Modification:
Consumer trust is defined as the confidence registrants and users have in the 
overall domain name system, as well as the consistency of name resolution and 
the degree of confidence among registrants and users that a TLD registry 
operator is fulfilling its proposed purpose and is complying with ICANN 
policies as well as confidence in ICANN's ability to enforce requirements 
imposed on registrars and registry operators and applicable national laws, in  
particular, Registry operators' and Registrars' efforts to curtail   
susceptibility to abuse. [, including respect for intellectual property rights 
and avoidance/minimisation efforts relating to fraud, crime, or other illegal 
conduct,.]

[.../...] text  may or may not be added or edited either is fine from my point 
if view...  I believe this Alt  text  would address the issues raised in this 
part of the USG's comments on our draft...  I also note that with the agreement 
(SUBJECT TO CONFORMATION)  that reference to this USG proposed text => 
"Consumer trust must be assessed together with consumer choice and competition 
to aid in determining the overall costs and benefits incurred by consumers and 
other market participants from the expansion of gTLDs."  will be dealt with in 
general terms in a preliminary part of the letter text I do not address that at 
all... I would however have NO objection to revision to Note 1: as proposed by 
USG below )we would need to discuss that further of course)

Cheryl Langdon-Orr ...  (CLO)
 http://about.me/cheryl.LangdonOrr



On 30 May 2012 07:22, Berry Cobb 
<mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>> wrote:
Hi Cheryl,

I hope this is what you were looking for.  Thank you.  B

Definition of Consumer Trust
Proposed Modification:
Consumer trust is defined as the confidence registrants and users have in the 
consistency of name resolution and the degree of confidence among registrants 
and users that a TLD registry operator is fulfilling its proposed purpose and 
is complying with ICANN policies and applicable national laws.

Consumer trust also includes the confidence registrants and users have in the 
overall domain name system and, in  particular, Registry operators' and 
Registrars' efforts to curtail abuse, including respect for intellectual 
property rights, avoidance of fraud, crime, or other illegal conduct, as well 
as confidence in ICANN' s ability to enforce requirements imposed on registrars 
and registry operators. Consumer trust must be assessed together with consumer 
choice and competition to aid in determining the overall costs and benefits 
incurred by consumers and other market participants from the expansion of gTLDs.

Revisions to Note 1:
The Consumer Trust definition has three aspects.
* * *[existing text to remain]
Third. consumers need to have confidence in the overall domain name system, 
including the willingness of Registry operators and registrars to curtail abuse 
and to ensure respect for intellectual property rights, prevent fraud, crime, 
and other illegal conduct, as well as, confidence that ICANN will enforce 
requirements imposed on Registry operators and Registrars to prevent these 
abuses. If consumers believe that new gTLDs are failing to prevent these 
abuses, then consumers will lose trust in the domain name system.

Explanation:
The proposed definition for consumer trust takes too narrow a focus, and as 
proposed looks only at the narrow issue of whether a TLD Registry operator is 
providing services in accordance with its stated offering and in compliance 
with relevant policies and laws. Consumer trust, however, appropriately takes 
account of whether the broader system within which consumers are operating is 
trustworthy. If consumers believe that new gTLDs are increasingly susceptible 
to fraud, criminal activity, lack of respect for intellectual property rights, 
and other deceptive conduct, then consumers will lose trust in the domain name 
system and may decline to participate, or participate at a reduced rate. 
Likewise, consumers that continue to participate rather than exit will do so 
while potentially bearing significant costs.

Consistent with previously stated USG and GAC consensus advice, governments are 
concerned whether the expansion of gTLDs could create greater opportunities for 
fraud, crime, intellectual property misappropriation, and other conduct harmful 
to c6nsumers, and whether new gTLD operators or ICANN will be equipped to 
curtail such abuses. ICANN has yet to demonstrate a rigorous compliance program 
to enforce these new contracts. The proposed broader definition thus includes a 
reference both to new gTLD operators' efforts to minimize such abuses as well 
as ICANN's ability to enforce requirements imposed on gTLD operators and 
Registrars. Both of these have an effect on whether consumers believe that bad 
actors who fail to comply with policies and relevant laws are allowed to act 
with impunity and, consequently, weaken consumer trust, or whether they are 
terminated as appropriate. This broader definition is intended to take into 
account these possible negative effects of gTLD expansion to facilitate 
assessment of whether expansion of the number of gTLDs has been beneficial to 
consumers.

Berry Cobb
Internet Corporation for Assigned Names & Numbers (ICANN)
720.839.5735
mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>
@berrycobb

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