RE: FW: [gnso-rap-dt] For your review - Nairobi presentation

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

Agreed (of course).

 

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 martinsutton@xxxxxxxx
Sent: Monday, March 01, 2010 8:00 AM
To: Marika Konings
Cc: gnso-rap-dt@xxxxxxxxx; owner-gnso-rap-dt@xxxxxxxxx
Subject: Re: FW: [gnso-rap-dt] For your review - Nairobi presentation

 


Marika, 

Thank you, very useful - I would favour the removal of both sentences and
encourage debate in the wider community, rather than steer readers to a
narrow view of scope. 

Kind regards, 

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 
________________________________________________________________ 


Marika Konings <marika.konings@xxxxxxxxx> 
Sent by: owner-gnso-rap-dt@xxxxxxxxx 

Mar 01 2010 15:18 

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"gnso-rap-dt@xxxxxxxxx" <gnso-rap-dt@xxxxxxxxx> 


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FW: [gnso-rap-dt] For your review - Nairobi presentation

 


  Entity

   HSBC Holdings plc - GMO




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> 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>
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 < <http://rodenbaugh.com/>
http://rodenbaugh.com/> 


From: owner-gnso-rap-dt@xxxxxxxxx [ <mailto: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> 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" deleted by Martin C SUTTON/GMO/HSBC] 



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