Re: [gnso-consumercci-dt] Re: USG Text Paste of CT Definition => for my AI from todays CCI-WG call
All, Thanks to Cheryl and Michael for their proposed texts on consumer trust.I agree with the elements included in the definition, but I believe we could improve readability and structure. I therefore copied all elements into a table that distinguishes trustor, trustee and aspects of trust (see the table I included in the attached document "revised proposed definition"). This is a distinction that is very common in the trust literature, and I believe it is helpful here, too.
On this basis, I propose to modify our original trust definition as shown in the amended draft letter (see attachment). I have attempted to include all aspects suggested by the USG, but without necessarily expressing everything in a single sentence.
I have dealt with the combination of trust, choice and competition in a proposed note 5.
Best regards, Tobias On 04.06.2012 09:10, Michael R. Graham wrote:
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 233 South Wacker Drive 6300 Willis Tower Chicago, IL 60606-6357 Direct: (312) 474-6616 Firm: (312) 474-6300 Fax: (312) 474-0448 mgraham@xxxxxxxxxxxxxx www.marshallip.com The material in this transmission may contain confidential information. If you are not the intended recipient, any disclosure or use of this information by you is strictly prohibited. If you have received this transmission in error, please delete it, destroy all copies and notify Marshall, Gerstein& Borun LLP by return e-mail or by telephone at (312) 474-6300. Thank you. ________________________________ 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:firstname.lastname@example.org] 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 expans!
ion to f acilitate 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
-- Tobias Mahler, PhD Norwegian Research Center for Computers and Law (NRCCL) Department of Private Law, Faculty of Law, University of Oslo http://folk.uio.no/tobiasm/ Phone (office) +47 2285 0087
Revised Proposed Definition_comments_Tobias.docx