Re: [council] Motion to Address the Remaining Registration AbusePolicies Working Group Recommendations

["Zahid Jamil" <zahid@xxxxxxxxx>]

Indeed that is why it is a separate resolved for the purposes of being voted on 
separately. 

The recommendation for Uniformity of Contracts and an Issues Report received 
strong support -  

'The RAPWG recommends the creation of an Issues Report to evaluate whether a 
minimum baseline of registration abuse provisions should be created for all 
in-scope ICANN agreements, and if created, how such language would be 
structured to address the most common forms of registration abuse'

At the same time there was some Significant Opposition in the form of view B 
(Opposed to the recommendation for an Issues Report as expressed in view A). 

To approve the request for an Issue Report there would need to be 'an 
affirmative vote of more than 25% vote of each House or majority of one House'.

Hope this helps.






Sincerely,

Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
www.jamilandjamil.com
 
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-----Original Message-----
From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
Date: Thu, 15 Sep 2011 13:39:15 
To: Zahid Jamil<zahid@xxxxxxxxx>; 
council@xxxxxxxxxxxxxx<council@xxxxxxxxxxxxxx>; 
gnso.secretariat@xxxxxxxxxxxxxx<gnso.secretariat@xxxxxxxxxxxxxx>; 'Glen de 
Saint Gery'<gnso-secretariat@xxxxxxxxxxxxxx>; 'Glen de Saint 
Géry'<Glen@xxxxxxxxx>
Cc: 'Marika Konings'<marika.konings@xxxxxxxxx>; 'John 
Berard'<john@xxxxxxxxxxxxxxxxxxx>
Subject: RE: [council] Motion to Address the Remaining Registration Abuse
 Policies Working Group Recommendations

Thanks Zahid, this is great and helps us.  Just to point out that respect to 
the Uniformity of Contracts recommendation, this was one that although had 
strong support, there was significant opposition, correct.

It is important to note that because each of the other recommendations that we 
have acted on in one respect or another had unanimous consensus to proceed on.  
Please correct me if I am wrong.

Thanks.


Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy


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From: Zahid Jamil [mailto:zahid@xxxxxxxxx]
Sent: Thursday, September 15, 2011 11:52 AM
To: Neuman, Jeff; council@xxxxxxxxxxxxxx; gnso.secretariat@xxxxxxxxxxxxxx; 
'Glen de Saint Gery'; 'Glen de Saint Géry'
Cc: 'Marika Konings'; 'John Berard'
Subject: RE: [council] Motion to Address the Remaining Registration Abuse 
Policies Working Group Recommendations

Dear Jeff et al,

Here is a brief explanation with respect to the edits in the motion:


WHOIS Access recommendation #2:
Looking to ensure that compliance reports would be periodic.  Staff's (Pam 
Little) letter includes this commitment and so has been included.


Fake Renewal Notices recommendation #2:
In order to assist the process of data acquisition and help with what data is 
to be collected a small volunteer group suggested (the RAP WG does not exist at 
the moment and setting them up would require a Charter etc.)


WHOIS Access recommendation #1:
It wasn't clear in the previous draft who would keep an eye on this.  Since the 
WHOIS Survey Drafting Team may be looking into similar issue reference to them 
added.


Meta Issue: Uniformity of Reporting:
Language included for consistency with RAP WG & IDT report.


Uniformity of Contracts:
Previously was joined into preceding paragraph.  Also due to voting threshold 
has been included as a separate resolved clause.


Gripe Sites, Deceptive and/or Offensive Domain Names recommendation #2, and; 
Cybersquatting recommendation #2:
Language improvement and also to avoid any perception that the Council was 
rejecting the work of the WG.



Sincerely,


Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 35680760 / 35685276 / 35655025
Fax: +92 21 35655026
www.jamilandjamil.com<http://www.jamilandjamil.com/>

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From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Zahid Jamil
Sent: 15 September 2011 02:41
To: 'Neuman, Jeff'; council@xxxxxxxxxxxxxx; gnso.secretariat@xxxxxxxxxxxxxx; 
'Glen de Saint Gery'; 'Glen de Saint Géry'
Cc: 'Marika Konings'; 'John Berard'
Subject: [SPAM] RE: [council] Motion to Address the Remaining Registration 
Abuse Policies Working Group Recommendations

Dear Jeff,

Thanks.

Please find attached a redline version for everyone's convenience (thanks to 
Marika).

As it is late here I will send an explanation for the changes my tomorrow.



Sincerely,


Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 35680760 / 35685276 / 35655025
Fax: +92 21 35655026
www.jamilandjamil.com<http://www.jamilandjamil.com/>

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This message contains confidential information and its contents are being 
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transiently or incidentally or some other use of this communication) without 
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From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Neuman, Jeff
Sent: 14 September 2011 22:44
To: Zahid Jamil; council@xxxxxxxxxxxxxx; gnso.secretariat@xxxxxxxxxxxxxx; 'Glen 
de Saint Gery'; 'Glen de Saint Géry'
Cc: 'Marika Konings'; 'John Berard'
Subject: RE: [council] Motion to Address the Remaining Registration Abuse 
Policies Working Group Recommendations

Zahid,

Can you please explain to the  Council what the changes are to this motion from 
the last time it was presented (in Singapore) to the Council along with an 
explanation for the changes.  I see there is something new here on uniformity 
of contracts as one example.

Thanks!

Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy

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From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Zahid Jamil
Sent: Monday, September 12, 2011 6:12 PM
To: council@xxxxxxxxxxxxxx; gnso.secretariat@xxxxxxxxxxxxxx; 'Glen de Saint 
Gery'; 'Glen de Saint Géry'
Cc: 'Marika Konings'; 'John Berard'
Subject: [council] Motion to Address the Remaining Registration Abuse Policies 
Working Group Recommendations

Dear Councillors,


Please find below a motion on RAP I am proposing for the next GNSO Council call:


Motion to Address the Remaining Registration Abuse Policies Working Group 
Recommendations

Whereas the Registration Abuse Policies (RAP) Working Group submitted its 
report to the GNSO Council on 29 May 2010 (see 
http://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf);

Whereas the GNSO Council reviewed the report and its recommendations and 
decided to form an implementation drafting team to draft a proposed approach 
with regard to the recommendations contained in the Registration Abuse Policies 
Working Group Final Report;

Whereas the Registration Abuse Policies Implementation Drafting Team submitted 
its proposed response to the GNSO Council on 15 November 2010 (see 
http://gnso.icann.org/correspondence/rap-idt-to-gnso-council-15nov10-en.pdf);

Whereas the GNSO Council considered the proposed approached at its Working 
Session at the ICANN meeting in Cartagena;

Whereas the GNSO Council acted on a number of RAP recommendations at its 
meeting on 3 February 2011 (see http://gnso.icann.org/resolutions/#201102);

Whereas the GNSO Council requested feedback from ICANN Compliance in relation 
to WHOIS Access recommendation #2 and Fake Renewal Notices recommendation #1 
and a response was received on 23 February 2011 
(http://gnso.icann.org/mailing-lists/archives/council/msg10766.html). In 
addition, a discussion with Compliance Staff was held at the ICANN meeting in 
San Francisco.

Whereas the GNSO Council considered the remaining RAP recommendations in 
further detail during its working session at the ICANN meeting in Singapore 
based on an overview prepared by ICANN Staff (see 
http://gnso.icann.org/correspondence/overview-rapwg-recommendations-18may11-en.pdf).

NOW THEREFORE BE IT:
RESOLVED, the GNSO Council thanks the ICANN Compliance Department for its 
feedback in relation to WHOIS Access recommendation #2 and determines that no 
further work on this recommendation is needed. The GNSO Council welcomes the 
commitment of the ICANN Compliance Department 'to report on compliance 
activities and publish data about WHOIS accessibility, on at least an annual 
basis' (see 
(http://gnso.icann.org/mailing-lists/archives/council/msg10766.html).

RESOLVED, the GNSO Council thanks the ICANN Compliance Department for its 
feedback in relation to Fake Renewal Notices recommendation #1 and determines 
that no further work on this recommendation is needed.

RESOLVED, the GNSO Council determines that additional information is needed 
from the Registrar Stakeholder Group with regard to the conditional Fake 
Renewal Notices recommendation #2 before an Issue Report should be requested of 
Staff.  The GNSO Council hereby requests that the Registrar Stakeholder Group 
provide further information and data on the nature and scope of the issue of 
Fake Renewal Notices to help inform the GNSO Council's and its RAP WG 
deliberations on whether an Issue Report should be requested.  A small group of 
volunteers consisting of registrar representatives and others interested 
(including former RAP WG members) should be formed to prepare such a request, 
work with the Registrar Stakeholder Group to obtain the information requested 
and report back to the GNSO Council accordingly.

RESOLVED, in response to WHOIS Access recommendation #1, the GNSO Council 
requests the WHOIS Survey Drafting Team to consider including the issue of 
WHOIS Access as part of the survey it has been tasked to develop. If the WHOIS 
Survey Drafting Team is of the view that it is not appropriate or timely to 
include WHOIS Access as part of the survey, it should inform the GNSO Council 
accordingly so that the GNSO Council can determine what next steps, if any, 
might be appropriate at this stage in relation to this recommendation.

RESOLVED, with regard to the recommendation on Meta Issue: Collection and 
Dissemination of Best Practices, the GNSO Council acknowledges receipt of this 
recommendation and determines to defer its consideration until it evaluates the 
outcome of Malicious Use of Domain Names recommendation #1, which aims to 
develop best practices to help registrars and registries address the illicit 
use of domain names. In light of the pending request to Staff to develop a 
Discussion Paper on the Malicious Use of Domain Names, the GNSO Council 
believes that the upcoming review and analysis of this Discussion Paper may 
serve to inform the Council of the issues related to the Meta Issue: Collection 
and Dissemination of Best Practices recommendation.

RESOLVED, in regard to the recommendations on cross-TLD Registration Scam and 
Domain Kiting/Tasting, the GNSO Council Chair shall communicate to the Security 
and Stability Advisory Committee (SSAC) the findings of the RAP WG in this 
regard and request that the SSAC consider evaluating and/or monitoring these 
abuses. If the SSAC elects to conduct this work, the GNSO Council requests that 
the SSAC inform the GNSO Council if it believes that further policy work by the 
GNSO Council should be undertaken to address these two types of abuse. In 
addition, the GNSO Council suggests that the issue of cross-TLD registration 
scam be included in the agenda of its next meeting with the ccNSO Council since 
this type of abuse may also affect ccTLDs.

RESOLVED, in response to the recommendation on Meta Issue: Uniformity of 
Reporting, the GNSO Council acknowledges receipt of this recommendation, and 
hereby requests the ICANN Compliance Department to report on existing systems 
to report and track violations and/or complaints; improvements / changes made 
since the RAPWG Report or foreseen in the near future, and: identify gaps and 
any improvements that might be desirable but not foreseen at this stage. 
Further consideration of this Meta Issue, including the recommendations and 
considerations of the RAP WG in this regard, is deferred pending receipt of 
such information from the ICANN Compliance Department.
RESOLVED, in response to the recommendation on Uniformity of Contracts, the 
GNSO Council requests an Issue Report to evaluate whether a minimum baseline of 
registration abuse provisions should be created for all in scope ICANN 
agreements, and if created, how such language would be structured to address 
the most common forms of registration abuse.

RESOLVED, in response to the recommendations on Gripe Sites, Deceptive and/or 
Offensive Domain Names recommendation #2, and; Cybersquatting recommendation 
#2, since the RAPWG did not achieve consensus on these recommendations, the 
GNSO Council defers undertaking further policy work on these recommendations at 
this time.
RESOLVED, in response to Gripe Sites; Deceptive and/or Offensive Domain Names 
recommendation #1, the GNSO Council acknowledges receipt of this 
recommendation, and agrees with the RAPWG that no further action is called for 
at this time.





Sincerely,


Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 35680760 / 35685276 / 35655025
Fax: +92 21 35655026
www.jamilandjamil.com<http://www.jamilandjamil.com/>

Notice / Disclaimer
This message contains confidential information and its contents are being 
communicated only for the intended recipients . If you are not the intended 
recipient you should not disseminate, distribute or copy this e-mail.  Please 
notify the sender immediately by e-mail if you have received this message by 
mistake and delete it from your system. The contents above may contain/are the 
intellectual property of DNDRC, and constitute privileged information protected 
by attorney client privilege. The reproduction, publication, use, amendment, 
modification of any kind whatsoever of any part or parts (including 
photocopying or storing it in any medium by electronic means whether or not 
transiently or incidentally or some other use of this communication) without 
prior written permission and consent of DNDRC is prohibited.