Re: [ga] PIR's anti-abuse policy for .org offers no due process for innocent domain registrants

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

George and all,

  The real problem with all this is that Registries have very few
good or effective tools by which they can effect combating
abuse of various sorts or types.  The secondary problem
is a good set of difinitions for what is/are abuses.

  Google remains a spam provider.  Wikipedia is a multipul
abuser and purvayor of false or inaccurate information.  Yahoo
has been, and remains a huge spam provider.  .ORG is and has
been shown to be a enabler of Pornography of all types.  There
is no reasonable excuse for this behavior to have ever existed,
let alone remain and increase exponentially.

  These things/occurances/events must stop!

  What sort of "Due process" do you suggest if self regulation
it to remain George?  Surely not the UDRP?

George Kirikos wrote:

> Hi folks,
>
> PIR, the registry operator for .org, has sent notices to registrars
> that it is implementing an anti-abuse policy similar to that of .info
> that has previously been discussed on this mailing list and elsewhere.
>
> See:
>
> http://www.thedomains.com/2009/01/06/the-org-registry-adopts-anti-abuse-policy-allows-for-domain-cancellation/
> http://opensrs.com/forums/comments.php?DiscussionID=30
> http://www.domainstate.com/showthread.php3?s=&threadid=97280
> http://www.domainstate.com/showthread.php3?s=&threadid=91572
>
> While it's good intentioned, there is great potential for innocent
> domain registrants to suffer harm, given the lack of appropriate
> safeguards, the lack of precision and open-ended definition of "abuse",
> the sole discretion of the registry operator to delete domains, and the
> general lack of due process.
>
> For example, Google was just ranked the third worst spam service
> provider:
>
> http://www.informationweek.com/news/internet/google/showArticle.jhtml?articleID=212700927&subSection=All+Stories
>
> If a similar policy was in place for .com, would VeriSign have the
> discretion to delete Google.com?
>
> Wikipedia.org was blacklisted in the UK recently (and temporarily) for
> allegations of hosting child pornography, due to a hosted image of an
> album cover.
>
> There are numerous other "false positives" stories that we've discussed
> previously in the fast-flux working group:
>
> http://forum.icann.org/lists/gnso-ff-pdp-may08/
>
> PIR has proceeded unilaterally without the input of the public, and
> also without regard to the GNSO which is contemplating a PDP for abuse
> policies, one that would likely lead to a far more balanced policy that
> protects registrants while still permitting the worst abusers to be
> targeted. Graduated measures like suspension make more sense than
> domain deletions, for example. The age of the domain should be taken
> into account (the most abuse comes from freshly registered domains).
> With registry operators actively seeking tiered-pricing for domains,
> their first goal would be to get it for new registrations, as opposed
> to renewals. If they were allowed to get tiered-pricing for new
> registrations, there would be a financial incentive to delete the
> domains of innocent registrants, as it would be a backdoor way of
> increasing their income from the best already-registered domains.
>
> This represents a failure of ICANN when registry operators proceed in
> an ad hoc manner, rather than looking out for the interests and safety
> of millions of legitimate registrants.
>
> Sincerely,
>
> George Kirikos
> http://www.leap.com/

Regards,

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