[gnso-rap-dt] for discussion: the definition of "abuse"

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Dear team: 

 

Here is the definition we worked on in today's meeting.  Please discuss on
the list.

 

 

* * * * 

 

Abuse is an action that:

1. causes actual and substantial harm, or is a [TDB: predicate or enabler or
prerequisite] of such harm, and

2. is illegal or illegitimate, or is otherwise considered contrary to the
intention and design of a stated legitimate purpose, if such purpose is
disclosed. 

 

Notes:

* The party or parties harmed, and the substance or severity of the abuse,
should be identified and discussed in relation to a specific proposed abuse.

* The term "harm" is not intended to shield a party from fair market
competition.

* The above definition of abuse is indebted to the definition of "misuse" in
the document "Working Definitions for Key Terms that May be Used in Future
WHOIS Studies" prepared by the GNSO Drafting Team [18 February 2009, at
http://gnso.icann.org/issues/whois/whois-working-definitions-study-terms-18f
eb09.pdf]. 

 

* * * * 

 

We were wrestling with the meaning of the term "predicate."  Webster's
defines predicate as "a term designating a property or relation."  Here's
the example for WHOIS from the GNSO Drafting Team document:

 

"Misuse is an action that causes actual harm, is the predicate to such harm,
is illegal or illegitimate, or is otherwise considered contrary to intention
and design of a stated legitimate purpose, if such purpose is disclosed.
When applied to Whois data, such harmful actions may include the generation
of spam, the abuse of personal data, intellectual property theft, loss of
reputation or identity theft, loss of data, phishing and other cybercrime
related exploits, harassment, stalking, or other activity with negative
personal or economic consequences. The predicate to harmful action often
includes automated email harvesting, domain name registration by
proxy/privacy services to aid wrongful activity, and support of false or
misleading registrant data. Predicate acts might include the use of Whois
data to develop large email lists for commercial purposes."

 

So there, "predicate" indicated related practices, or activities that
support the abuse.  

 

A prerequisite is something "required beforehand".  (A visa is a
prerequisite for travel in many countries.)  I don't think "prerequisite" is
a good word.  For example, WHOIS mining is not a required activity for
spamming - one can get e-mail addresses in many different ways.  Rather,
WHOIS mining is an activity that is a predicate of spamming, or enables
spamming, or is used to support spamming.

 

All best,

--Greg

 

 

**********************************

Greg Aaron

Director, Key Account Management and Domain Security

Afilias

vox: +1.215.706.5700 x104

fax: 1.215.706.5701

gaaron@xxxxxxxxxxxx 

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