RE: [gnso-rap-dt] "material predicate" (oops, forgot to copy the list...)

[Phil Corwin <pcorwin@xxxxxxxxxxxxxxxxxx>]

"Multiloquence characterized by consummate interfusion of circumlocution or 
periphrasis, inscrutability, and other familiar manifestations of abstruse 
expatiation commonly utilized for promulgations implementing Procrustean 
determinations by governmental bodies."



Never have I seen a more eloquent description of great gobs of the rhetoric 
employed in ICANN's bottom-up, multi-constituency policymaking process.  ;-)


Philip S. Corwin
Partner
Butera & Andrews
1301 Pennsylvania Ave., NW
Suite 500
Washington, DC 20004
202-347-6875 (office)
202-347-6876 (fax)
202-255-6172 (cell)
"Luck is the residue of design." -- Branch Rickey
________________________________________
From: owner-gnso-rap-dt@xxxxxxxxx [owner-gnso-rap-dt@xxxxxxxxx] On Behalf Of 
Mike O'Connor [mike@xxxxxxxxxx]
Sent: Saturday, January 30, 2010 11:58 AM
To: James M. Bladel
Cc: Registration abuse list ICANN
Subject: Re: [gnso-rap-dt] "material predicate" (oops, forgot to copy the 
list...)

ah bafflegab.  a word steeped in tradition.  this word was invented in the 
early '50's by a fella named Milton A. Smith -- who received an award for 
inventing it.  at the awards ceremony, he was asked to define it.  here's his 
response;

"Multiloquence characterized by consummate interfusion of circumlocution or 
periphrasis, inscrutability, and other familiar manifestations of abstruse 
expatiation commonly utilized for promulgations implementing Procrustean 
determinations by governmental bodies."

you can read the whole article i stole this from here -- 
http://www.worldwidewords.org/weirdwords/ww-baf1.htm

mikey


On Jan 30, 2010, at 10:41 AM, James M. Bladel wrote:

>
> Mikey and Team:
>
> Ok, let's break with ICANN tradition and go with brevity.  ;)
>
> And although I've lived in the Midwest my entire life, this was my first
> exposure to the word "bafflegab."
>
> J.
>
> -------- Original Message --------
> Subject: Re: [gnso-rap-dt] "material predicate" (oops, forgot to copy
> the list...)
> From: "Mike O'Connor" <mike@xxxxxxxxxx>
> Date: Sat, January 30, 2010 7:31 am
> To: James Bladel <jbladel@xxxxxxxxxxx>, Registration abuse list
> ICANN <gnso-rap-dt@xxxxxxxxx>
>
>
> i'm inclined to go with Fred on "keep it clear/simple" -- James, maybe
> we could find a place in the text close by to the definition to put your
> qualifying paragraph? i agree wholeheartedly with what you're saying but
> i worry about turning our definition into bafflegab.
>
> mikey
>
> PS -- nice timestamp on that last post James. what were we doing at that
> 3am hour?? :-)
>
>
> On Jan 30, 2010, at 2:50 AM, James M. Bladel wrote:
>
>>
>> Fred and Team:
>>
>> My only concern is that this phrase could be employed to sweep up a
>> number of benign services and tools simply because individuals chose to
>> misuse them.
>>
>> For example, registrars will often suggest alternative names if a
>> registrant's desired string is taken. This algorithm isn't too
>> sophisticated, it just adds a phrase like "online" or "website" to the
>> end of a search string whenever the first choice is taken. So, an
>> abuser could type in "<famousbrand>.com," and the tool will suggest
>> "<famousbrand-online>.com" or "<famousbrand-website>.com." The
>> suggestion itself isn't the "material predicate," as the algorithm
>> simply isn't smart enough to know the difference or intent. In fact, if
>> one were to search on an ICANN or IANA Reserved String, it could
>> probably generate the same results.
>>
>> So, if there's a way we can encompass this idea without overburdening
>> the definition, that would be ideal. Maybe just adding "act" is
>> sufficient, but I'll leave that to the group.
>>
>> J.
>>
>> -------- Original Message --------
>> Subject: Re: [gnso-rap-dt] "material predicate"
>> From: Frederick Felman <ffelman@xxxxxxxxxxxxxxx>
>> Date: Fri, January 29, 2010 5:35 pm
>> To: Greg Aaron <gaaron@xxxxxxxxxxxx>, RAP-WG <gnso-rap-dt@xxxxxxxxx>
>> Cc: Faisal Shah <fshah@xxxxxxxxxxxxxxx>
>>
>> Re: [gnso-rap-dt] "material predicate" Greg et al:
>>
>> We had a chance to look over the abuse definition again. That
>> definition (which we all drafted together) is well-crafted, succinct and
>> clear and, my concern is that by adding long descriptive notes we might
>> actually be complicating the definition. The words “material
>> predicate” of the abuse necessarily implies a link between the
>> predicate act and the abuse and material implies that it must be
>> significant. (We might simply add the word “act” after the word
>> predicate if that makes it more clear.) I would suggest that we stick
>> with the original definition so that we can move on to addressing the
>> other registration abuses.
>>
>> Thanks – Fred
>>
>>
>> On 1/26/10 8:26 AM, "Greg Aaron" <gaaron@xxxxxxxxxxxx> wrote:
>>
>> 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-18feb09.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
>> **********************************
>> The information contained in this message may be privileged and
>> confidential and protected from disclosure. If the reader of this
>> message is not the intended recipient, or an employee or agent
>> responsible for delivering this message to the intended recipient, you
>> are hereby notified that any dissemination, distribution or copying of
>> this communication is strictly prohibited. If you have received this
>> communication in error, please notify us immediately by replying to the
>> message and deleting it from your computer.
>>
>
> - - - - - - - - -
> phone 651-647-6109
> fax 866-280-2356
> web www.haven2.com
> handle OConnorStP (ID for public places like Twitter, Facebook, Google,
> etc.)
>

- - - - - - - - -
phone   651-647-6109
fax             866-280-2356
web     www.haven2.com
handle  OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)