FW: [gnso-rap-dt] For your review - Nairobi presentation
Dear All, In light of the recent exchange of emails in relation to chapter 7 of the Issues Report 'Is this issue in scope of GNSO Policy Making', please note that the sentence 'Consideration of new policies related to the use of a domain name unrelated to its registration would not be within scope' on page 42 specifically relates to section 4.2.3 of the Registrar Accreditation Agreement. There may be other provisions in registry/registrar agreements that would allow for addressing the mis-use of domains. Margie provided a presentation on GNSO scope and consensus policies to the Working Group some time ago (see presentation attached) and she's happy, once the WG resumes its meetings, to refresh everyone's mind in relation to this presentation and narrow in on those other provisions that might allow for addressing the mis-use of domain name registrations. In view of this, the group might want to consider removing the sentence 'These are largely out of scope for policy-making' from slide 5 and taking out the last bullet on slide 7 'Doubts about whether ICANN has the power to force contracted parties to suspend domain names for malicious uses'. With best regards, Marika ------ Forwarded Message From: Greg Aaron <gaaron@xxxxxxxxxxxx> Date: Fri, 26 Feb 2010 15:18:41 -0800 To: Mike Rodenbaugh <icann@xxxxxxxxxxxxxx>, "gnso-rap-dt@xxxxxxxxx" <gnso-rap-dt@xxxxxxxxx> Subject: RE: [gnso-rap-dt] For your review - Nairobi presentation Or, using wordings in the Issues Report, it could say, “Staff and the General Counsel’s office stated in Issues report: ‘Policies involving the use of a domain name (unrelated to its registration) are outside the scope of policies that ICANN could enforce on registries and/or registrars.’” All best, --Greg ________________________________ From: Greg Aaron [mailto:gaaron@xxxxxxxxxxxx] Sent: Thursday, February 25, 2010 3:44 PM To: 'icann@xxxxxxxxxxxxxx'; 'gnso-rap-dt@xxxxxxxxx' Subject: RE: [gnso-rap-dt] For your review - Nairobi presentation Dear Mike: Slide 5 reflected what the ICANN General Counsel said. If clarification is needed, the slide could say: “ICANN General Counsel states: “Policies involving the use of a domain name (unrelated to its registration) are outside the scope of policies that ICANN could enforce on registries and/or registrars.” Your argument seems to be that UDRP is a precedent or example of how ICANN has power to regulate any or all domain name use. Is that correct? Regarding your other point: I think you are referring to slide 6, which says at the bottom: “Doubts about whether ICANN has the power to force contracted parties to suspend domain names for malicious uses.” A statement of fact – doubts exist, as per the initial report and the discussions over the months. My assumption is that the Council members will read the report, which contains the richer background, attributions, etc. All best, --Greg ________________________________ From: Mike Rodenbaugh [mailto:icann@xxxxxxxxxxxxxx] Sent: Wednesday, February 24, 2010 8:29 PM To: gnso-rap-dt@xxxxxxxxx Subject: RE: [gnso-rap-dt] For your review - Nairobi presentation I have strong disagreement with the last sentence in 3d bullet of slide 5 – ignores contract language and UDRP, should be deleted: • Use issues concern what a registrant does with the domain after it has been created, or the services the registrant operates on the domain. These are largely out of scope for policy-making. Similar disagreement with last bullet of slide 7, should say “Some contracting parties have doubts…” Otherwise looks good, thanks. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1 (415) 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/> From: owner-gnso-rap-dt@xxxxxxxxx [mailto:owner-gnso-rap-dt@xxxxxxxxx] On Behalf Of Marika Konings Sent: Wednesday, February 24, 2010 2:22 AM To: gnso-rap-dt@xxxxxxxxx Subject: [gnso-rap-dt] For your review - Nairobi presentation Dear All, Please find attached for your review the proposed presentation for the Registration Abuse Policies Information Session at the ICANN meeting in Nairobi. The meeting will take place on Wednesday 10 March from 16.00 – 17.30 local time (13.00 – 14.30 UTC) in room Tsavo A. For further details, see http://nbo.icann.org/node/8878. Please provide your comments / edits to the mailing list by Tuesday 2 March at the latest. Thanks, Marika ------ End of Forwarded Message Attachment:
GNSO Scope and Consensus Policy Presentation FINAL.pdf
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