RE: [gnso-rap-dt] revised WHOIS note

[Paul Stahura <Paul.Stahura@xxxxxxxx>]

I think the RAA says
"reasonable evidence of actionable harm"
Not
"reasonable evidence of abuse"
As you say it "clearly" does

-----Original Message-----
From: owner-gnso-rap-dt@xxxxxxxxx [mailto:owner-gnso-rap-dt@xxxxxxxxx] On 
Behalf Of Mike Rodenbaugh
Sent: Tuesday, July 21, 2009 10:16 AM
To: gnso-rap-dt@xxxxxxxxx
Subject: RE: [gnso-rap-dt] revised WHOIS note


I am generally in agreement, with one significant caveat.  Abuse of WHOIS
proxy services is something this group should look at, particularly when
registrars are providing the service and do not divulge underlying WHOIS
info upon reasonable evidence of abuse, as clearly required by the RAA.
This issue is not examined by any other WG, and fits nicely into the work
this WG is doing, without likelihood of falling into the broader WHOIS
rathole around accuracy and access, since that WHOIS info is technically
accurate and is accessible.

Thanks,
Mike

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, July 20, 2009 12:34 PM
To: gnso-rap-dt@xxxxxxxxx
Subject: [gnso-rap-dt] revised WHOIS note

Dear group:



Below is the revised note as per today's meeting; please review it for
accuracy.  Members absent from today's meeting are free to comment (but
please listen to today's MP3 first -- linked on page
http://gnso.icann.org/calendar/#july).  If you would like to see any changes
to the below, please post specifics to the list by 22:00 UTC on Thursday the
23rd.  Lack of comment will be taken as your assent.



All best,

--Greg A.





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Dear Avri, Chuck, and Mike:



I am writing to you on behalf of the Registration Abuse Policies Working
Group (RAPWG), which would like to provide you with a scope update.



As you know, the RAPWG charter contains the broad mandate to "identify which
aspects of the subject of registration abuse are within ICANN's mission to
address and which are within the set of topics on which ICANN may establish
policies that are binding on gTLD registry operators and ICANN-accredited
registrars," and to "gather facts, define terms, provide the appropriate
focus and definition of the policy issue(s), if any, to be addressed."



During the RAPWG's work, the issue of WHOIS has been raised.  WHOIS is a
topic within GNSO policy-making scope, an area around which there are abuse
and compliance issues, and WHOIS issues are a factor in other abuse topics.
We are also aware of the very long history of WHOIS discussions in the GNSO,
and WHOIS efforts the GNSO currently has underway. (See:
http://gnso.icann.org/issues/whois/ ).



Because of the past and present GNSO efforts, the RAPWG has decided that it
will a) leave WHOIS off its list of registration abuses for major
examination, research, and recommendation-making, and b) will include
examples and background in its report when WHOIS issues are a factor in
other abuse issues.  We believe that this will allow us to make relevant
comments while avoiding duplication of previous and current GNSO efforts
regarding WHOIS.



The RAPWG discussed the issue in its meetings of July 6 and 20, and came to
unanimous consensus on the above approach in its July 20th meeting (support:
James Bladel, Berry Cobb, Philip Corwin, Frederick Felman, Jeremy Hitchcock,
George Kirikos, Mike O'Connor, Gretchen Olive, Rod Rasmussen, Mike
Rodenbaugh, Faisal Shah, Andy Steingruebl, Martin Sutton, Greg Aaron.
Alternate views: none.  Abstentions: none.)



We believe this course is consistent with our charter.  Please let us know
if the Council disagrees with this course, or if you have any questions.



In the meantime, the RAPWG is working on a long list of other topics,
including examinations of cybersquatting, front-running, and
cybercrime-related issues.  A full list is in the latest "RAPWG Abuse
Categories and Types" document at:
https://st.icann.org/reg-abuse-wg/index.cgi?registration_abuse_policies_work
ing_group



Thank you.



Respectfully submitted,



--Greg Aaron

Chair, RAPWG



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