RE: [council] Issues Report re Abuse Policies -- request for clarification from Counsel

[Liz Gasster <liz.gasster@xxxxxxxxx>]

Mike and all,

Thanks for the question and request for clarification.  We are preparing a 
response that should clarify and further explain our thinking with some further 
examples.  In light of several vacations - please look for our response by 
early next week.

Thanks again, Liz

From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Mike Rodenbaugh
Sent: Wednesday, November 05, 2008 6:51 AM
To: icann@xxxxxxxxxxxxxx; 'GNSO Council'
Subject: RE: [council] Issues Report re Abuse Policies -- request for 
clarification from Counsel

Sorry, tired today, re-sending to clarify that this is a request for 
clarification from ICANN Counsel, not the GNSO Council.  Thanks.

________________________________
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Mike Rodenbaugh
Sent: Wednesday, November 05, 2008 6:36 AM
To: 'GNSO Council'
Subject: [council] Issues Report re Abuse Policies -- request for clarification 
from Council

Hi,

I refer to Sec. 7.1 of the Report, which ends with these sentences:

The use of domain names may be taken into account when establishing or changing 
registration policies. Thus, potential changes to existing contractual 
provisions related to abuse in the registration of names would be within scope 
of GNSO policy making. Consideration of new policies related to the use of a 
domain name unrelated to its registration would not be within scope.

Could ICANN Counsel please clarify this language?  Specifically, what could be 
"use of a domain name unrelated to its registration"?  If this means "any use 
of a domain name after it is registered", then how is that opinion consistent 
with prior enactment of the UDRP, and Counsel's opinion in the Issues Report re 
Fast Flux Hosting (Mar. 31, 2008, p. 14):

General Counsel's opinion is that some aspects relating to the subject of fast 
flux hosting are within scope of the ICANN policy process and within the scope 
of the GNSO. As fast flux
hosting activities concern gTLDs, the issue is within the scope of the GNSO to 
address.

This clarification and/or further analysis might be very helpful for the 
Council in considering the latest Issues Report in the coming weeks, before our 
next meeting.

Thanks,
Mike R.