RE: [gnso-rap-dt] Updated Recco for Fake Renewal Notices

["James M. Bladel" <jbladel@xxxxxxxxxxx>]

Berry and Team:

While I like the consolidated approach, I'm concerned that this presumes
the -reason- why Compliance has nothing to enforce.  For example, if
they conclude that the problem involves contracted parties, but there is
no applicable consensus policy, then a PDP could be considered.  BUT, if
they conclude that Compliance has no role because these are
non-contracted third-parties, then what benefit is a PDP?

My preferred course of action is to ask for an investigation by
Compliance, and then formulate future actions based upon their findings.

J.


-------- Original Message --------
Subject: [gnso-rap-dt] Updated Recco for Fake Renewal Notices
From: berrycobb@xxxxxxxxxxxxxxxxxxx
Date: Mon, May 10, 2010 10:53 pm
To: gnso-rap-dt@xxxxxxxxx



RAP,

Because we have strong consensus on Recommendation #1 (only 1 
participant disagreeing that there is no policy for ICANN compliance 
to enforce) and unanimous consensus on Recommendation #2, I suggest 
that we consolidate the recommendations to ONE. If there is 
disagreement, the proposed text can just replace recommendation #2.

Current Recommendations (found on pages 39 & 40):
1) The RAPWG recommends that the GNSO refer this issue to ICANN’s 
Contractual Compliance department for possible enforcement action, 
including investigation of misuse of WHOIS data.
2) The following recommendation is conditional. The WG would like to 
learn the ICANN Compliance Department’s opinions regarding 
Recommendation #1 above, and the WG will
further discuss Recommendation 2 looking forward to the WG’s Final 
Report. The RAPWG recommends the initiation of a Policy Development 
Process by requesting an Issues Report to investigate fake renewal 
notices.

Proposed Consolidated Recommendation:

The RAPWG recommends that the GNSO refer the issue of Fake Renewal 
Notices to ICANN’s Contractual Compliance department for possible 
enforcement actions, including investigation of misuse of WHOIS data. 
If ICANN Compliance determines enforcement is not possible, the RAPWG 
further recommends that the GNSO initiate a Policy Development Process 
by requesting an Issues Report to investigate this issue.

I welcome comments and suggestions to enhance this recommendation. 
Thank you. B





Berry Cobb
Infinity Portals LLC
berrycobb@xxxxxxxxxxxxxxxxxxx
http://www.infinityportals.com
866.921.8891