RE: [gnso-rap-dt] FW: Expected staff inputs to RAA Working Group

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Thanks for all the docs you sent, Margie.
All best,
--Greg

-----Original Message-----
From: Margie Milam [mailto:Margie.Milam@xxxxxxxxx] 
Sent: Tuesday, November 10, 2009 11:16 AM
To: gnso-rap-dt@xxxxxxxxx
Subject: [gnso-rap-dt] FW: Expected staff inputs to RAA Working Group

Dear All,

As discussed yesterday,  attached for your review is the Staff document
distributed to the RAA Drafting Team that contains several implementation
options to consider with respect to malicious abuse and cybersquatting.

I will also circulate the other contributions submitted to the RAA working
group for your review and consideration.

Best regards,

Margie Milam
Senior Policy Counselor
ICANN

________________________________________
From: owner-gnso-raa-dt@xxxxxxxxx [owner-gnso-raa-dt@xxxxxxxxx] On Behalf Of
Kurt Pritz [kurt.pritz@xxxxxxxxx]
Sent: Monday, November 09, 2009 10:25 PM
To: gnso-raa-dt@xxxxxxxxx
Cc: Doug Brent
Subject: [gnso-raa-dt] FW: Expected staff inputs to RAA Working Group

RAA Working Group members:

As Doug stated in his earlier email (reprinted below), attached are a set of
notes outlining areas of potential concerns in the current RAA, and offering
some possible implementation options for those areas of concern for
community consideration.

These are based on day-to-day experience in enforcement/compliance - but
were developed by a cross-functional collaboration. Please accept them in
the spirit in which they are offered - to facilitate a fruitful discussion
that will ultimately serve for the benefit of registrants.

Thanks in advance for taking the time to read and consider this material.
Please contact me, Margie or Denise with any questions you might have.

Regards,

Kurt

Kurt Pritz
ICANN

4676 Admiralty Way, #339
Marina del Rey, CA  93012

+1.310.301.5809 (office)
+1.310.400.4184 (mobile)




---------- Forwarded message ----------
From: Doug Brent <doug.brent@xxxxxxxxx>
Date: Fri, Oct 23, 2009 at 2:57 AM
Subject: Expected staff inputs to RAA Working Group
To: "gnso-raa-dt@xxxxxxxxx" <gnso-raa-dt@xxxxxxxxx>
Cc: Margie Milam <Margie.Milam@xxxxxxxxx>, Denise Michel
<denise.michel@xxxxxxxxx>, Kurt Pritz <kurt.pritz@xxxxxxxxx>


Dear RAA Working Group members,

I know you will continue your work during ICANN's Seoul meeting,considering
possible future changes to the Registrar Accreditation Agreement (RAA) and
development of a proposed Registrant Rights Charter. This work is of
significant interest to many stakeholders - Registrars, Intellectual
Property interests, At Large, and others - all in the interest of effective
protection of and service to registrants.

There is another important view for consideration in this discussion: that
is from the perspective of the execution/enforcement of the RAA through
ICANN's contractual compliance work. Why?

Future RAA changes should consider aspects of the existing RAA that are hard
to enforce, or for which there are significant mismatches between community
expectations and actual enforcement provisions and tools. RAA provisions
should define practices that are efficiently enforceable. Some of the
existing provisions are expensive and time consuming to execute for both
ICANN (inefficiently spending registrants' money), and for Registrars. On a
daily basis, staff compliance work is either aided or frustrated
by clear, enforceable language.

Immediately after the Seoul meeting, staff will provide the working group
with a set of notes outlining areas of potential concerns, and offer some
possible  implementation options for those areas of concern for community
consideration. The primary reason for providing these implementation options
is to ensure that there is at least an "existence proof" of a possible
solution. Staff is not saying that these concerns are certainly of most
importance to the community, or that the solutions are right. Staff is
simply trying to offer you an actionable set of suggestions for your
consideration, based on day-to-day experience in enforcement/compliance.

Staff notes will address the following possible areas of concern:

Cybersquatting: Explicitly tackle the issue of possible cybersquatting by
Registrars, suggesting that cybersquatting be considered a violation of the
RAA.

Malicious Conduct: Establish requirements for Registrars to
investigate and report out on credible reports regarding malicious
conduct.

Registrant data escrow: Extend data escrow requirements to privacy and
proxy registrations.

Full information on affiliates: For relevant compliance purposes,
ensure ICANN has complete information on and ability to verify
Registrar and affiliate information.

Whois Accuracy: Extend requirements for problem investigation to some
definition of validation or verification of accurate data. Clarify response
time requirements: Clarify and codify the amount of time a registered name
holder has to respond to an inquiry or accept liability for harm caused by
wrongful use of that name.

Improve timeliness of arbitration processes: Reduce the number of
arbitrators to save time and expense for all involved, when arbitration is
required.

Modernize process for TLD accreditation: With many registrars and possibly
many TLDs, improve administrative process so that Registrars in good
standing can efficiently be accredited for additional TLDs.

I hope that the working group will find these inputs useful for your
consideration.

As ICANN's Chief Operating Officer, I want to ensure that staff is providing
you with the "front line" information about areas of possible concern
directly experienced in our enforcement processes. Success for the community
and for registrants is a set of rules that provide adequate registrant
protection, are easily understood by all, represent a consensus, and that
can be both effectively implemented by Registrars and are efficiently
enforceable in a way that meets expectations.

I am very interested in how the community will drive further considerations
of the RAA, and will be tracking your work closely - in the working group
and beyond. If I or other ICANN staff can provide information or assistance,
please let me and your assigned Policy Staff support, Margie Milam, know.

Sincerely,

Doug Brent

--

Doug Brent

Chief Operating Officer

ICANN



V: +1.310.301.3871

M: +1.650.996.4447


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