RE: [council] Cross-TLD Registration Scam and Domain Kiting

["Mason Cole" <mcole@xxxxxxxxxxxx>]

Thanks Marika.  With regard to the first option below, perhaps before preparing 
a formal request of the RrSG to provide information, we should ask whether the 
RrSG has, or could reasonably collect, the information at all.  My initial read 
is that they likely don't, as SG members are very unlikely to be substantively 
tracking fake renewal notices, except perhaps as they relate to the rate at 
which customers call to ask quesitons about such a practice.  Even then, those 
questions may or may not relate to a name that was actually moved due to a fake 
notice.
 
Regardless, I'm happy to pose the question to registrars -- I'm sure it would 
better inform us of what data, if any, is actually available.  Given the 
workload of the council, surely it would be wise to deal in facts and not 
guesses.
 
I am in favor of continuing the discussion currently under way with the ccNSO 
for the same reason.
 
Thanks --
 
Mason

________________________________

From: owner-council@xxxxxxxxxxxxxx on behalf of Marika Konings
Sent: Tue 11/22/2011 3:03 AM
To: council@xxxxxxxxxxxxxx
Subject: [council] Cross-TLD Registration Scam and Domain Kiting


Dear All,

As requested in follow up to item 7 on the GNSO Council's agenda of last week 
related to cross-Tld registration scam and domain kiting, these are the 
different options I suggested during the GNSO Council meeting that the Council 
may want to consider in further detail:

*       Adding these issues to the mandate of the Fake Renewal Notices Drafting 
Team which is tasked to prepare a request for information for the Registrar 
Stakeholder Group to obtain further information on the issue of Fake Renewal 
Notices in order to help inform the GNSO Council on the appropriate next steps, 
if any. As there are certain similarities, especially between the cross-tld 
registration scam and fake renewal notices, it might be possible for this DT to 
also try and obtain further information on that specific issue to help inform 
the Council's deliberations. 
*       Continue discussions on the topic of cross-TLD registration scam with 
the ccNSO to discuss whether there are any steps that could be taken or 
considered jointly. The GNSO Council and the ccNSO Council had some initial 
discussions on this topic at its meeting in Dakar and as this is an issue that 
also affects ccTLDs there might be common approaches to be explored. As noted, 
such approaches might involve improved communication / education in relation to 
this issue as it is not clear at this stage that this issue could be addressed 
through policy development. 
*       Do nothing - as there is no set mechanism for data gathering or 
monitoring of abuses at the moment or any evidence that these practices are in 
non-compliance with ICANN policies or agreements, the GNSO Council could decide 
to not undertake any further action at this stage. Note, at any point in time, 
should further information or data become available, any Council member or 
SO/AC could raise this issue again for further consideration.  

The GNSO Council may want to consider one or more of the options outlined 
above, or maybe there are also other avenues to be considered. Council members 
are invited to comment on the options suggested and/or provide any other 
options for consideration.

With best regards,

Marika

Background
The RAPWG recommended that the GNSO monitor for Cross-TLD registration scam 
abuse in the gTLD space and co-ordinate research with thecommunity to determine 
the nature and extent of the problem. The WG believed this issue warranted 
review but noted there is not enough data at this time to warrant an Issue 
Report or PDP. In relation to domain kiting, the RAPWG noted that it is unclear 
to what extent domain kiting happens, and the RAPWG does not recommend policy 
development at this time. The RAPWGsuggests that the Council monitor the issue 
(in conjunction with ongoing reviews of domain-tasting), and consider next 
steps if conditions warrant. The GNSO Council resolved at its meeting on 6 
October that the GNSO Council Chair shall communicate to the SSAC the findings 
of the RAP WG in this regard andrequest that the SSAC consider evaluating 
and/or monitoring these abuses. This communication was sent to the SSAC, but 
the SSAC has declined taking on this work noting that 'we are, of course, ready 
to perform rigorous analysis if more data regarding these or other alleged 
abuses is available'. The topic of cross-TLD registration scam was also 
discussed in the meeting with the ccNSO Council since this type of abuse also 
affects ccTLDs.