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

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

This looks good, but I think we can delete the last clause of #2, since any
"stated purpose" must be definition be "disclosed"?  Or alternatively just
say "legitimate and disclosed purpose" as that will cover both aspects.

I'm with Roland and others who want as tight a definition as possible.


Mike Rodenbaugh
Rodenbaugh Law
548 Market Street
San Francisco, CA  94104
+1.415.738.8087
www.rodenbaugh.com


-----Original Message-----
From: owner-gnso-rap-dt@xxxxxxxxx [mailto:owner-gnso-rap-dt@xxxxxxxxx] On
Behalf Of Greg Aaron
Sent: Monday, April 27, 2009 10:58 AM
To: gnso-rap-dt@xxxxxxxxx
Subject: [gnso-rap-dt] working definition of "abuse"

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

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fax: 1.215.706.5701

gaaron@xxxxxxxxxxxx 

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