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

[Rod Rasmussen <rod.rasmussen@xxxxxxxxxxxxxxxxxxxx>]

+1

Rod Rasmussen
President and CTO
Internet Identity

On Mar 1, 2010, at 8:36 AM, Mike Rodenbaugh wrote:

> Agreed (of course).
>  
> Mike Rodenbaugh
> RODENBAUGH LAW
> tel/fax:  +1 (415) 738-8087
> 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.       martinsutton@xxxxxxxx 
> ________________________________________________________________
> 
> Marika Konings <marika.konings@xxxxxxxxx> 
> Sent by: owner-gnso-rap-dt@xxxxxxxxx
> Mar 01 2010 15:18 
> 
> Mail Size: 1094318
> 
> To
> "gnso-rap-dt@xxxxxxxxx" <gnso-rap-dt@xxxxxxxxx>
> cc
> Subject
> 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] 
> 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, 
> seehttp://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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