Philip and Avri, I understand the process question and proposed
remedy you
suggest. I support Philip's restated motions, with some edits
incorporated
below. I consider all these changes as friendly amendments to my
motion
made last week, with text of restated motions below.
It is not clear what would happen if we voted to initiate a PDP by
1/3 vote,
but failed to get 1/2 vote to launch a Task Force. Also I have
heard from a
couple Councilors that they would like more time to discuss this
motion with
their Constituencies. And NCUC has not offered reasoning as to why
they
opposed the motion for an issues report or whether they oppose this
motion.
While this process should move forward quickly, it would be best to
have as
much consensus as possible at the outset. Since we have a full agenda
tomorrow, perhaps we should just have a further discussion on these
points
(without reiterating positions stated on the list) and hold a vote
til our
next meeting. Curious to hear others' thoughts on any of this.
Thanks,
Mike
MOTION 1
Whereas, "fast flux" DNS changes are increasingly being used to
commit crime
and frustrate law enforcement efforts to combat crime, with criminals
rapidly modifying IP addresses and/or nameservers in effort to evade
detection and shutdown of their criminal website;
Whereas, the Security and Stability Advisory Committee has reported
on this
trend in its Advisory SAC 025, dated January 2008:
http://www.icann.org/committees/security/sac025.pdf/
Whereas, the SSAC Advisory describes the technical aspects of fast
flux
hosting, explains how DNS is being exploited to abet criminal
activities,
discusses current and possible methods of mitigating this activity,
and
recommends that appropriate bodies consider policies that would make
practical mitigation methods universally available to all
registrants, ISPs,
registrars and registries,
Whereas, the GNSO resolved on March 6, 2008 to request an Issues
Report from
ICANN Staff, to consider the SAC Advisory and outline potential next
steps
for GNSO policy development designed to mitigate the current ability
for
criminals to exploit the NS via "fast flux" IP and/or nameserver
changes;
Whereas, the ICANN Staff has prepared an Issues Report dated March
25, 2008,
http://gnso.icann.org/issues/fast-flux-hosting/gnso-issues-report-fast-flux-
25mar08.pdf, recommending that the GNSO sponsor additional fact-
finding and
research to develop best practices guidelines concerning fast flux
`hosting,
and to provide data to assist policy development and illuminate
potential
policy options.;
The GNSO Council RESOLVES:
To initiate a Policy Development Process to consider whether and how
ICANN
might encourage registry operators and registrars to take steps that
would
help to reduce the damage done by cybercriminals, by curtailing the
effectiveness of these fast flux hosting exploits.
(This will require a 33% vote)
MOTION 2
Whereas Council has decided to launch a PDP to consider potential
policy
development to address fast flux hosting;
The GNSO Council RESOLVES:
To form a Task Force of interested stakeholders and Constituency
representatives, to collaborate broadly with knowledgeable
individuals and
organizations, in order to develop potential policy options to
curtail the
criminal use of fast flux hosting.
The Task Force initially shall consider the following questions:
...Who benefits from fast flux, and who is harmed?
...Who would benefit from cessation of the practice and who would be
harmed?
...How are registry operators involved in fast flux hosting
activities?
...How are registrars involved in fast flux hosting activities?
...How are registrants affected by fast flux hosting?
...How are Internet users affected by fast flux hosting?
...What measures could be implemented by registries and registrars to
mitigate the negative effects of fast flux?
...What would be the impact (positive or negative) of establishing
limitations, guidelines, or restrictions on registrants, registrars
and/or
registries with respect to practices that enable or facilitate fast
flux
hosting?
The Task Force shall report back to Council within 90 days, with a
report
discussing these questions and the range of possible answers
developed by
the Task Force members. The Task Force report also shall outline
potential
next steps for Council deliberation.
(This will require a 50% vote)