RE: [gnso-rap-dt] next RAPWG meeting: Monday June 1 at 14:30 UTC

["Greg Aaron" <gaaron@xxxxxxxxxxxx>]

Thanks, Roland.  One way to think about it in terms of the relevant
contracts.  Registry-registrar-registrant contracts (or a terms of service
referenced in the contracts) may spell out explicitly what is allowed and
not while that contract is in force, and what the consequences of
non-compliance might be.  

There are many examples of eligibility criteria.  A few off the top of my
head: To register a .MUSEUM name, one must be a museum as per the registry's
eligibility requirements.  .BIZ registration terms state that .BIZ domain
names are to be "used primarily for bona fide business or commercial
purposes."  .MOBI Web sites must adhere to certain formatting requirements.
Many ccTLDs have "nexus" requirements, requiring registrants to be citizens
or residents in the relevant country.

As a practical matter, non-compliance is sometimes discovered long after the
domain name is created, and it seems that registrants can fall out of
eligibility in some TLDs.  I assume that as long as a registration contract
is in effect, it can be enforced. 

Here's something to consider: the difference between "abusive" and
"noncompliant."  Abuse entails some harm to someone, while some noncompliant
registrations might not hurt anyone.  An abuse issue might be common and
shared across TLDs, while an eligibility/compliance issue might be
particular or unique to one specific TLD.  

I invite comment from others, especially from the registrars, registry
operators, and legal experts who may have encountered these issues.

All best,
--Greg




-----Original Message-----
From: Roland Perry [mailto:roland@xxxxxxxxxxxxxxxxxxxxxxxx] 
Sent: Tuesday, May 19, 2009 3:05 PM
To: gnso-rap-dt@xxxxxxxxx
Subject: Re: [gnso-rap-dt] next RAPWG meeting: Monday June 1 at 14:30 UTC


In message <B6BD46BCC0CF4B9E99E344C0672D911C@xxxxxxxxxxx>, at 14:34:18
on Tue, 19 May 2009, Greg Aaron <gaaron@xxxxxxxxxxxx> writes

>* How is ?registration? defined

The main issue as far as I can see is this:

can abuse happen only at the point where the registration is originally
made, or can it also occur if:

a) a registration is renewed - and the abusive conduct, whatever we
define that to be, exists at the time of renewal.

b) at any point, if there have been changes to circumstances such that
an identical original registration happening then would be regarded as
abusive.

As a new example, these are apparently the T&C of dot-pro:

        "... you agree that you are a person or entity who provides
        professional services and has been admitted to or licensed by,
        and is in good standing with, a government certification body or
        jurisdictional licensing entity recognized by a governmental
        body, which body requires that its members be licensed or
        admitted to a certifying or licensing entity and regularly
        verifies the accuracy of its data."

So, what happens if that "good standing" is revoked by the relevant body
- if you fail to cancel the .pro domain name, at what point (if ever)
does that become an abusive registration?

[As always, this is not a criticism of any one registry's operations,
just an example in an attempt to clarify our thinking].
-- 
Roland Perry