RE: [pdp-pcceg-feb06] a proposed recommendations for ToR 5

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

We can discuss on the call, but Marilyn, your statements are conclusory
in nature and provide very little if any rationale behind the
statements.  Please see comments in ALL CAPS BELOW


"The BC has concerns about the uses of traffic data; and potentially
registry data. If there is data being gathered that is needed to inform
not only the registry but also up stream providers, such as backbone
providers and ISPs, related to network security implications, the BC
reps believe that an effective approach to providing that data in a
proper manner needs to be
included as a requirement."


-- THIS STATEMENT DOES NOT STATE THE IMPORTANT WHY?  PLUS IT ASSUMES
THAT THIS DATA IS NOT BEING PROVIDED TO THE APPROPRIATE UPSTREAM
PROVIDERS WHEN NEEDED, WHICH IS COMPLETELY INACCURATE. 

Secondly, if there is traffic being gathered about null returns on non
registered names, the BC reps are concerned about the potential for use
and
misuse of that information.  

-- PLEASE DEFINE MISUSE?  AS A REGISTRY, I DO NOT KNOW WHAT YOU MEAN BY
THIS TERM?  IN YOUR EYES, WHAT DOES "MISUSE" MEAN?

Registries are not allowed to be in the business of selling or marketing
individual domain names. 

-- AND HOW DOES COLLECTING AND DISSEMNINATING DATA PUT THEM IN THAT
BUSINESS, EVEN IF WHAT YOU STATE IS TRUE, WHICH I DO NOT BELIEVE THAT IS
THE CASE.

The information about null returns about a particular string could be
easily misused, or could lead to further problems where there is
encouragement of the registration of names that are merely 'traffic
sites'.

-- HOW CAN IT BE MISUSED?  STILL DON'T UNDERSTAND.  WHAT IS WRONG WITH
ENCOURAGING TRAFFIC SITES FROM A SECURITY AN STABILITY STANDPOINT (WHICH
IS AFTERALL ICANN'S MISSION)


Finally, it is worth noting that the future will possibly hold many new
registries. With the larger number of registries, there may be
opportunities
for misuse of traffic data, if there are no guidelines, some of which
could
even be merely accidental.

-- AGAIN....DEFINE MISUSE?


Jeffrey J. Neuman, Esq. 
Sr. Director, Law, Advanced Services  & Business Development 

NeuStar, Inc.