Re: [gnso-rap-dt] RAPWG / Monday 28 September -- action items

[Marika Konings <marika.konings@xxxxxxxxx>]

Dear All,

To facilitate work on short term action number 2, I have created a wiki page as 
outlined below (see 
https://st.icann.org/reg-abuse-wg/index.cgi?uniformity_sub_team).

With best regards,

Marika

On 29/09/09 16:14, "Greg Aaron" <gaaron@xxxxxxxxxxxx> wrote:

Thanks for a good meeting yesterday, team!

Most of the discussion centered around uniformity of contracts. Kudos again to 
Barry and the sub-team.  Here are some points for immediate and longer-term 
follow-up.

Long-term follow-up: As we discussed, Berry's matrix was designed to establish 
whether or not there is uniformity in contracts, and so far nothing beyond 
that.  It is not meant to be exhaustive, and it is a draft that will receive 
further tweaks.  When it is published in the initial report, we will need to 
include a description of methodology, and state explicitly what the matrix 
means and does not mean.  For example it should be stated clearly that it's an 
evaluation done using publicly available online agreements, and that the matrix 
may be missing items that might be incorporated by reference, were placed in 
other registrar-registrant agreements or terms of service, were simply not 
located in the time available, etc.  James also noted that at some point, 
registrars may need to validate their info.

Short-term action item: So, we see that there is no uniformity.  The next 
question is: what does it mean? The group's next task is to understand if 
registration abuses are occurring that might be curtailed or better addressed 
if there was more uniformity.

Short-term action:
Uniformity sub-group to put the below on wiki and flesh it out with text.  All 
RAPWG members are also invited to add material and additional questions.  
Conclusions will be drafts to be run past the entire WG.

<quote>
Questions to the Larger Group
* What are the advantages and disadvantages of uniformity?
  -to Registrars
  -to Abusers / Bad Actors / Criminals
  -to Registries
  -to Registrants
* Will it or can it apply across all jurisdictions?
* What market conditions could or will occur with uniformity changes?
* What are the side-effects or possible unintended consequences to uniformity?
* If uniformity is the desired state how will the changes be monitored & 
enforced?
* What are impacts to liability and changes to indemnification to uphold ICANN 
abuse provisions?

U of C Sub-team Draft Conclusions
* Increased consistency across contracts creates a level playing field amongst 
registrars
* If policies are consistent, then responsibility to enforce consistently falls 
upon ICANN
* Lowest common denominator (minimum requirement) approach with abuse 
provisions is best and allows entities to not be constrained by exceeding the 
minimum
* A better understanding of cost projections for implementation are required 
before formal recommendation"
</quote>



All best,
--Greg Aaron