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

[berrycobb@xxxxxxxxxxxxxxxxxxx]

RAP,

I submit this to the list again, as we did not get a chance to review  
this action item in today's RAP call.  There was dissent on my first  
attempt at a consolidated recommendation, so I submit this version.   
Please respond to the list with your suggestions for change or  
approval.  Thank you.
Current Recommendations (found on pages 39 & 40 of Initial Report):
1) The RAPWG recommends that the GNSO refer this issue to ICANNs  
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 Departments 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 change to #2 only:
The following recommendation is conditional.  If the ICANN Compliance  
Department opinion regarding Recommendation #1 above results in no  
ability to enforce or act against the Fake Renewal Notice abuse, the  
RAPWG supports the GNSO's next action to initiate a Policy Development  
Process by requesting an Issues Report to further investigate this  
abuse.



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



-----Original Message-----
From: James M. Bladel [mailto:jbladel@xxxxxxxxxxx]
Sent: Monday, May 10, 2010 8:59 PM
To: berrycobb@xxxxxxxxxxxxxxxxxxx
Cc: gnso-rap-dt@xxxxxxxxx
Subject: RE: [gnso-rap-dt] Updated Recco for Fake Renewal Notices

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