Re: [gnso-rap-dt] action items: RAPWG meeting 11 January 2010

[martinsutton@xxxxxxxx]

Hi all,

Sorry I missed Monday's meeting.  Here's the redraft for cybersquatting 
which is still a little wordy, but the part before the recommendation can 
be lifted into the background appropriate - 

Recommendations for Cybersquatting:

The RAP WG recognises that the UDRP is regarded a useful mechanism to 
counter some elements of cybersquatting, particularly where both parties 
can evidence prior rights and a judgement is required to resolve a 
complaint.  However, the scale of cybersquatting is overwhelming and the 
drain on cost and resources for brand-owners to respond in all instances 
by using UDRP is prohibitive.  Some of the key issues raised were:

- insufficient deterrents to prevent registrants from registering 
infringing domains (e.g. they can wait until UDRP is actioned then simply 
give up the domain, without penalty)
- that the UDRP is a slow, expensive process and does not contain any 
provisions to address recidivism
- the high cost and demand on resources for brand-owners to monitor, 
investigate and pursue litigation in response to high volumes of 
infringements means the burden rests with the brand-owner
- the existing high costs incurred by brand-owners for the registration, 
renewals and management of large portfolios of (unwanted) domains purely 
to prevent cybersquatting is not sustainable in the current gTLD space, 
let alone with the expected growth with new gTLDs 

The RAP WG recommends the initiation of a Policy Development Process by 
requesting an issues report to investigate the appropriateness and 
effectiveness of the existing UDRP to address cybersquatting. This 
investigation should consider but not be limited to:

- Whether the definition of cybersquatting within the existing UDRP 
language is still acceptable or needs to be reviewed/updated;
- The reasons why the UDRP is only used to resolve a small volume of 
cybersquatting cases compared to the large-scale abuse evident across 
gTLDs;
- Where the UDRP fails to address the problems of cybersquatting (which 
will indicate where the scope of the UDRP may be insufficient or identify 
the need for alternative/additional policies and mechanisms);
- Instances that may cross over different types of abuse that should be 
dealt with in a different (prioritised) manner to cybersquatting policies 
and therefore excluded from the UDRP process, e.g. malicious use for a 
domain should follow a separate response process irrespective of whether 
there is a brand infringement occuring within the domain;
- Monitoring the efforts to establish Rights Protection Mechanisms 
elsewhere in the community (e.g. the new gTLD program) for their 
applicability to the problem of cybersquating.

Martin C SUTTON 
Group Risk 
Manager, Group Fraud Risk and Intelligence | HSBC HOLDINGS PLC HGHQ
Group Security & Fraud Risk
8 Canada Square,Canary Wharf,London,E14 5HQ,United Kingdom
________________________________________________________________

Phone.     +44 (0)20 7991 8074 / 7991 8074
Mobile.     +44 (0) 7774556680
Email.       martinsutton@xxxxxxxx
________________________________________________________________



"Greg Aaron" <gaaron@xxxxxxxxxxxx> 
Sent by: owner-gnso-rap-dt@xxxxxxxxx
Jan 11 2010 17:29

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Subject
[gnso-rap-dt] action items: RAPWG meeting 11 January 2010

  Entity
   HSBC Holdings plc - GMO



Thanks for a good meeting, everyone.  The action items from today?s 
meeting are:
1.                   Martin is re-writing the cybersquatting 
recommendation and will post to the list.
2.                   Everyone please read the paper draft that Greg sent 
out and put notes or red-lines up to the list.
3.                   We will put the meta-issues of BPs and 
reporting/notification/compliance into the paper somewhere early on. Mikey 
and Rod fine-tuning the recommendations sections.
4.                   uniformity of contracts: Mikey updated Barry?s latest 
draft on-screen during the meeting, and Mikey to provide that revised text 
to the list.  First sentence will be a recommendation inserted into the 
UoC section of the paper.  The other sentence will go into the Malicious 
Use. 
5.                   Greg and Marika will talk offline about logistics of 
maintaining the master draft and getting the polling up.
 
Please let me know if any additions/corrections to the above.
 
Our next meeting is Monday 18 January at the usual time.
 
All best,
--Greg
 

From: Greg Aaron [mailto:gaaron@xxxxxxxxxxxx] 
Sent: Monday, January 04, 2010 2:45 PM
To: 'gnso-rap-dt@xxxxxxxxx'
Subject: action items: RAPWG meeting 4 January 2010, 15:00 UTC
 
Thanks for a great meeting, everyone.  Action items for the next week are 
as follows; please correct if I missed anything:
1.      Martin to re-write the cybersquatting Recommendation
2.      Greg A, with Mikey and Barry: write text for the registration vs. 
use issues, including indemnification.
3.      Mikey and Barry: re-write the Uniformity of Contracts 
Recommendation.  Also, write up the meta-issue of reporting, compliance, 
and notification.   There was agreement that the Uniformity of Contracts 
Recommendation be along the lines of ?recommend an examination of whether 
there should be a baseline...? rather than saying there should be a 
baseline.
4.      Rod to work on text to discuss how ICANN should be in a position 
to support the organization, dissemination, and maintenance of Best 
Practices?.  Greg A will work on some text about BPs for malicious uses of 
domain names and tie that in to this and the registration vs. use issues.
5.      Greg A is tweaking the master draft doc that Marika created, and 
will send out this week.
 
All best,
--Greg A.
 

From: Greg Aaron [mailto:gaaron@xxxxxxxxxxxx] 
Sent: Saturday, January 02, 2010 3:32 PM
To: gnso-rap-dt@xxxxxxxxx
Subject: [gnso-rap-dt] agenda: RAPWG meeting 4 January 2010, 15:00 UTC
 
The Registration Abuse Policies Work Group is scheduled to meet on Monday 
4 January 2010 at 15:00 UTC (07:00 PST, 10:00 EST, 15:00 London, 16:00 
CET).  Access details have been circulated to members under separate 
cover. 
 
Agenda is:
1. Roll-call
2. Cybersquatting and Uniformity of Contracts recommendations
3. Master document; Review schedule below. 
 
All best,
--Greg
 
Timeline:
* January 4: Deadline for all other Issue/Background/Recommendations 
sections -- ALL topic areas.  Initial report (very) rough draft available.
* January 11: walk through remaining Issue/Background/Recommendations 
sections; measure level of consensus.
* January 18: walk through remaining Issue/Background/Recommendations 
sections; measure level of consensus.
* January 25: walk through remaining Issue/Background/Recommendations 
sections; measure level of consensus.
* February 1: walk through remaining Issue/Background/Recommendations 
sections; measure level of consensus.
* February 8: walk through remaining Issue/Background/Recommendations 
sections; measure level of consensus.
* February 12. Finalize any last-minute items; PUBLISH INITIAL REPORT.
 
 
**********************************
Greg Aaron
Director, Key Account Management and Domain Security
Afilias
vox: +1.215.706.5700
fax: 1.215.706.5701
gaaron@xxxxxxxxxxxx 
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