[gnso-rap-dt] working definition of "abuse"

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Dear group:

 

I wanted to capture this while memory of today's meeting is fresh.  I
believe this is the wording we settled on.  Is this correct?:

 

Abuse is an action that:

1. Causes actual and substantial harm, or is a material predicate 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:

* This is a working definition as per group consensus on April 27, 2009 and
may be re-visited should the WG find it inadequate after examining some
specific examples.

* 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].

 

Thanks for your participation today.

 

With best wishes,

--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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