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

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Thanks, Mike.  

Comments from others?  Especially those who were not able to make Monday's
conference call?

All best,
--Greg


-----Original Message-----
From: Mike O'Connor [mailto:mike@xxxxxxxxxx] 
Sent: Wednesday, April 15, 2009 2:12 PM
To: gnso-rap-dt@xxxxxxxxx
Subject: Re: [gnso-rap-dt] for discussion: the definition of "abuse"


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-18
feb09.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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