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

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

George and all,

  Thank you George, very much!  So to sum up, Afilias the .Info
registry takes no responsibility for whatever it's registrar may or may
not have done in it's determination of what any .Info domain name
may or may not be "Involved" in or with.  So that means that there
essentially is no means by which, other than a UDRP provider,
that abusive or accused abusive DN's as to take down, ect.

  So they, Afilias, ICANN, essentially punted.  Just lovely!

George Kirikos wrote:

> 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/

Regards,

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