RE: [gnso-rap-dt] latest draft of the Initial Report

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Dear Martin:

 

Omission of the new background paragraph was inadvertent.  I do think the
paragraph and associated resolutions should receive discussion on-list and
in our next WG call.  I submitted comment last week, which was:

"In the background section of the draft paper I listed various concerns that
have been raised about the UDRP over the years.... My approach was to list
concerns that people have raised about the UDRP and refer those to the
Council, rather than making judgments about the veracity of those concerns.
In some cases the facts have not been established well.  Also, one of the
functions of any Issues Report and subsequent PDP is to help establish the
facts necessary to inform policy-making."

 

Your new paragraph takes a very different approach.  It takes
stances/conclusions (on behalf of the WG) on some very controversial topics.
I don't recall the cybersquatting sub-team reaching any agreement on the
positions below - what is the history?

 

I also see that James and Michael have posted some concerns. 

 

All best,

--Greg

 

 

  _____  

From: martinsutton@xxxxxxxx [mailto:martinsutton@xxxxxxxx] 
Sent: Thursday, January 21, 2010 6:07 AM
To: Greg Aaron
Cc: gnso-rap-dt@xxxxxxxxx; owner-gnso-rap-dt@xxxxxxxxx
Subject: Re: [gnso-rap-dt] latest draft of the Initial Report

 


Greg, 

I note the additional paragraph for the Ctbersquatting backround section I
sent over has been omitted - any reason why?  I think that is a
representation of some of the discussions we had within the group and should
be included - I've certainly not had any comments back to object to this,
quite the contrary.  Could you therefore append the following paragragh to
this section: 

Background (additional para) 

The RAP WG recognises that the UDRP is a useful mechanism to counter some
elements of Cybersquatting but the scale of Cybersquatting is overwhelming
and the drain on cost and resources for brand-owners to respond in all
instances by using only the UDRP as a remedy is prohibitive.  In addition,
there is insufficient up-front protection mechanisms to prevent registrants
from initially registering infringing domains which are freely monetized
from the date of registration, via PPC and other online advertising methods,
thus earning revenue for the registrant.  They can then simply wait until a
UDRP action is commenced before they give up the domain, without penalty.
The burden therefore rests with the trademark owner to monitor, investigate
and pursue litigation in order to provide protection to Internet users. This
burden often includes the registration and ongoing management of large
domain name portfolios, consisting mainly of unwanted domains that benefit
only the Registry, Registrar and ICANN parties.  This approach is already a
major concern for trademark owners, in terms of cost and resources, with the
existing level of gTLDs and ccTLDs, let alone the anticipated growth of new
gTLDs and IDNs.

Many thanks, 

Martin 

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.        <mailto:martinsutton@xxxxxxxx> martinsutton@xxxxxxxx 
________________________________________________________________ 




"Greg Aaron" <gaaron@xxxxxxxxxxxx> 
Sent by: owner-gnso-rap-dt@xxxxxxxxx 

Jan 20 2010 19:27 

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Subject

[gnso-rap-dt] latest draft of the Initial Report

 


  Entity

   HSBC Holdings plc - GMO




Dear RAPWG: 
  
Hello, all.  Marika arrived safely at ICANN headquarters in southern
California, where she is now experiencing some uncharacteristically dreary
weather.  (Sorry, Marika!)   In the meantime I have taken an opportunity to
create a new version of the master report document (attached).  I have
attempted to incorporate everyone's contributions since the last draft,
including Mikey's latest material, James' edits, and Martin's latest
cybersquatting recommendation.  Also, you will see the new section about
WHOIS Access; please check it out.  You will also see the new recommendation
for malicious use, as per the assignment I took in Monday's meeting.  I also
made some inclusions of my own, as an individual member of the group. 
  
The doc is redlined; make sure the editing marks are turned on to see them.
Please let me know ASAP if you have any questions, or if there are any
omissions or errors. 
  
Marika is now taking the Recommendations as they stand, and is creating the
online straw-poll about them.  You will receive an invitation hopefully
tomorrow to take part in the poll. 
  
With best wishes, 
--Greg 
  
  
  
********************************** 
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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 [attachment "RAPWG - Draft Initial Report - 20 January 2010.doc" deleted by
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