Re: [gnso-rap-dt] for discussion: the definition of "abuse"

["Mike O'Connor" <mike@xxxxxxxxxx>]

great job Greg,

after reading your comments about predicate, 
prerequisite and enabler i'm being drawn back to 
"predicate."  looking up "enabler" i find that a 
lot of the definitions spring from the 
co-dependency world and aren't anywhere near what 
we are describing.  it doesn't even show up in 
the spell checker i'm using to write this 
email.  i buy your argument about 
"prerequisite."  so i'm liking "predicate" better 
and better.  using "predicate" would also have us 
building on the WHOIS taskforce definition.
i also like the addition of the "and" at the end 
of the first numbered clause.
in sum.  i like it as you've set it forth, and 
would be inclined to stick with "predicate."
m

At 01:04 PM 4/13/2009, you wrote:
> Dear team:
>
> Here is the definition we worked on in today?s 
> meeting.  Please discuss on the list.
>
> * * * *
>
> Abuse is an action that:
> 1. causes actual and substantial harm, or is a 
> [TDB: predicate or enabler or prerequisite] of such harm, and
> 2. is illegal or illegitimate, or is otherwise 
> considered contrary to the intention and design 
> of a stated legitimate purpose, if such purpose is disclosed.
> Notes:
> * The party or parties harmed, and the substance 
> or severity of the abuse, should be identified 
> and discussed in relation to a specific proposed abuse.
> * The term "harm" is not intended to shield a 
> party from fair market competition.
> * The above definition of abuse is indebted to 
> the definition of "misuse" in the document 
> "Working Definitions for Key Terms that May be 
> Used in Future WHOIS Studies" prepared by the 
> GNSO Drafting Team [18 February 2009, at 
> http://gnso.icann.org/issues/whois/whois-working-definitions-study-terms-18feb09.pdf]. 
>
> * * * *
>
> We were wrestling with the meaning of the term 
> ?predicate.?  Webster?s defines predicate as ?a 
> term designating a property or 
> relation.?  Here?s the example for WHOIS from the GNSO Drafting Team document:
> ?Misuse is an action that causes actual harm, is 
> the predicate to such harm, is illegal or 
> illegitimate, or is otherwise considered 
> contrary to intention and design of a stated 
> legitimate purpose, if such purpose is 
> disclosed. When applied to Whois data, such 
> harmful actions may include the generation of 
> spam, the abuse of personal data, intellectual 
> property theft, loss of reputation or identity 
> theft, loss of data, phishing and other 
> cybercrime related exploits, harassment, 
> stalking, or other activity with negative 
> personal or economic consequences. The predicate 
> to harmful action often includes automated email 
> harvesting, domain name registration by 
> proxy/privacy services to aid wrongful activity, 
> and support of false or misleading registrant 
> data. Predicate acts might include the use of 
> Whois data to develop large email lists for commercial purposes.?
> So there, ?predicate? indicated related 
> practices, or activities that support the abuse.
> A prerequisite is something "required 
> beforehand".  (A visa is a prerequisite for 
> travel in many countries.)  I don?t think 
> ?prerequisite? is a good word.  For example, 
> WHOIS mining is not a required activity for 
> spamming ? one can get e-mail addresses in many 
> different ways.  Rather, WHOIS mining is an 
> activity that is a predicate of spamming, or 
> enables spamming, or is used to support spamming.
> All best,
> --Greg
>
>
> **********************************
> Greg Aaron
> Director, Key Account Management and Domain Security
> Afilias
> vox: +1.215.706.5700 x104
> fax: 1.215.706.5701
> gaaron@xxxxxxxxxxxx
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