[gnso-rap-dt] "material predicate"

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Dear WG:

 

I went back to the mail archives.  Our definition of "abuse" is:

"Abuse is an action that:

a.         Causes actual and substantial harm, or is a material predicate of
such harm, and

b.         Is illegal or illegitimate, or is otherwise considered contrary
to the intention and design of a stated legitimate purpose, if such purpose
is disclosed."

 

That definition is indebted to the "Working Definitions for Key Terms that
May be Used in Future WHOIS Studies" prepared by the GNSO Drafting Team:

http://gnso.icann.org/issues/whois/whois-working-definitions-study-terms-18f
eb09.pdf 

That doc said: "When applied to Whois data, such harmful actions may include
the generation of spam, the abuse of personal data, intellectual property
theft, loss of reputation or identity theft, loss of data, phishing and
other cybercrime related exploits, harassment, stalking, or other activity
with negative personal or economic consequences. The predicate to harmful
action often includes automated email harvesting, domain name registration
by proxy/privacy services to aid wrongful activity, and support of false or
misleading registrant data. Predicate acts might include the use of Whois
data to develop large email lists for commercial purposes."

 

Back in our original deliberations, Roland Perry made some notes including:
"There's huge leap between an unloaded rifle in my home and armed robbery."
And James said yesterday that bank robberies are bad, but we can't stop them
by outlawing cars, which could be used as getaway vehicles.

 

So I see this point:  there must be a clear link between the predicate and
the abuse, and justification enough to address the abuse by addressing the
predicate.

 

How about we add a bullet to explain what a predicate is?  My attempt:

 

"A predicate is a related action or enabler.  There must be a clear link
between the predicate and the abuse, and justification enough to address the
abuse by addressing the predicate (enabling action).  For example: an
abusive action is preventing registrants from transferring their domains
names to the registrars of their choice.  A predicate to that harmful action
might be the provision of false or misleading WHOIS data."

 

What do you think?

 

All best,

--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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