[ga] Comments on ICANN's approval of .info Abusive Use Policy -- contradictions

[George Kirikos <gkirikos@xxxxxxxxx>]

Hi folks,

I just wanted to share a few tidbits, so it's on the record. Does
anyone here find it interesting that in their proposal, they cite
3.6.5:

http://www.icann.org/en/registries/rsep/afilias-request-20jun08.pdf

But according to their own staff, in the Fast Flux working group:

http://forum.icann.org/lists/gnso-ff-pdp-may08/msg00333.html
http://forum.icann.org/lists/gnso-ff-pdp-may08/msg00036.html

about section 3.6.5. :)

"Language you cite from the .info RRA does not permit "de-registration
in the event of criminal activity, and/or to protect the interests of
the registry/registrar."   The "integrity and stability of the
registry" refers
to operational stability and accuracy, which is not threatened by a
phish,
or fast-flux domains, etc.  Such threats to the stability of the
registry
itself are quite rare.  "Integrity" does not means the interests of the
TLD.
As far as I am aware, there are no blanket laws or government rules
that
allow gTLD registries to suspend domains etc whenever they like.  Court
orders etc. are specific to particular cases, of course. "

Not just any staff, though, but "Greg Aaron is Director, Key Account
Management and Domain Security at Afilias." "Greg manages registry
services for .INFO, and oversees Afilias' security programs, designed
to address domain name abuses such as phishing, spam, and malware in
.INFO."

Also, - Afilias quotes the example of .biz for precedent in order to
get Fast Track approval from Staff:

"For example, ICANN's contract with the .BIZ registry operator includes
a prohibition against registrants "Using the domain name for the
submission of unsolicited bulk e-mail, phishing, pharming or other
abusive or fraudulent purposes."

http://www.icann.org/tlds/agreements/biz/appendix-08-08dec06.htm

Afilias failed to mention that in that same agreement, 5 or 10 lines
below what they quoted, it says: (Exhibit D, point II)

"The RDRP sets forth the terms under which any allegation that a domain
name is not used primarily for business or commercial purposes shall be
enforced on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider. ******None of the violations of the
Restrictions will be enforced directly by or through Registry
Operator.****** Registry Operator will not review, monitor, or
otherwise verify that any particular domain name is being used
primarily for business or commercial purposes or that a domain name is
being used in compliance with the UDRP processes."

In other words, the precedent they cited was flawed, and was actually
about the registry operator explicitly NOT reviewing it, but only
acting on a ruling from an ICANN-accredited dispute provider.

Just thought some folks might want this information.

Enjoy!

Sincerely,

George Kirikos
http://www.kirikos.com/