Re: [gnso-raa-b] RE: RAA Sub Team B and RAPWG report

["Michele Neylon :: Blacknight" <michele@xxxxxxxxxxxxx>]

It's 6 of one, half dozen of the other .. 

Some of the perceived issues that some people feel need to be in the RAA (at 
some point) are being dealt with already, but until such time as people see 
some actual "results" I guess they'll still have to be on the agenda

If you look at he ICANN dashboard, for example, you can see clearly that 
ICANN's compliance team has been a LOT more active over the past 12 months than 
ever before.

So some issues may be dealt with quite quickly via consensus policy adoption / 
change

Other things may eventually make it into an RAA

Don't forget - most registrars only signed a new RAA in the last few months, so 
you're looking at several years before anything significant is going to change 
anyway - unless of course ICANN were to offer us all HUGE cherries :)

To address Holly and Steve's points specifically

On 21 Feb 2010, at 19:40, Metalitz, Steven wrote:

>  
> First, a general observation:  the RAP working group and our effort are on 
> separate tracks.  The first might lead, in some areas, to the development of 
> new consensus policies.  Our focus is not on consensus policies but on 
> provisions of the accreditation agreement between ICANN and the registrars.  
> So even if the same topics are listed, the possible outcomes are quite 
> different.  

I don't follow. Registrars are bound by policy. If a policy addresses an issue 
then surely that's what you want? 


>  
> Second, for a more specific example, take cybersquatting.  There could a 
> number of changes to consensus policies to deal with this -- for example to 
> the UDRP -- but that would not be inconsistent in any way with making some 
> level of participation in cybersquatting a disqualifying factor for an entity 
> that wished to be accredited as a registrar, or a ground for termination of 
> an accredited registrar (or some lesser sanction) for breach of the RAA.   Of 
> course any change to the consensus policy regarding UDRP would automatically 
> become applicable to registrars, but the topics we are looking at would be 
> contractual obligations in addition to the obligation to abide by consensus 
> policies.  

Again I don't really see what you are getting at.

If registrars are bound by policy and failure to comply with the policies is a 
reason for a breach, surely that achieves the same goal?

In many respects you're better off having a policy rather than a contract for a 
lot of these things, as it's a hell of a lot easier to make a change to a 
policy (or introduce a new one) than it is to redo a contract.



>  
> I guess my third observation would be that both the output of our team, and 
> the output of the RAP working group, will be headed to the GNSO Council, 
> whose job it would be take into account any overlaps.  ]

Agreed

> 
> 
> I have not had time to read the full report of the Registration Abuse 
> Policies Working Group, but some significant issues  that are in our list are 
> also covered by their recommendations.  From where I stand, it looks as if we 
> are recommending that some issues are being put forward for consideration 
> when they are already being considered. 


I haven't had time to read it yet either .. 

There's also a load of other reports coming out of various areas, plus the most 
recent batch of new TLD docs that I haven't even begun to wade through!

> 
> by way of examples:
> Their first recommendation is for investigation of ways to address 
> cybersquatting (too simplistic - sorry) - and our Topic one calls for its 
> prohibition
> Their third topic is front running -with their recommendation that the issue 
> be monitored.  Our issues list suggests its prohibition
> 
> Other topics the subject of their recommendations that are possible overlaps 
> include fake renewal notices, domain tasting, malicious use of domain names 
> WHIS access and accuracy and compliance.


Regards

Michele


Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Brand Protection
http://www.blacknight.com/
http://blog.blacknight.com/
http://mneylon.tel
Intl. +353 (0) 59  9183072
US: 213-233-1612
UK: 0844 484 9361
Locall: 1850 929 929
Direct Dial: +353 (0)59 9183090
Fax. +353 (0) 1 4811 763
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business  
Park,Sleaty
Road,Graiguecullen,Carlow,Ireland  Company No.: 370845