- At-Large - lists.icann.org

Asia Pacific At-Large community meeting Feb 28th
by Nick Ashton-Hart Feb. 25, 2007

Feb. 25, 2007

Dear All: The Asia Pacific At-Large community is engaging in their final-stage negotiations on the contents of their MoU with ICANN on February 28th, in a meeting that is part of the APRICOT 2007 Conference in Bali, Indonesia. The meeting documents are all available online via the www.apralo.org website. I look forward to meeting the regional representatives in a couple of days! Baher Esmat and Save Vocea from the Global Partnerships team will be at the meeting too, alongside other events they are a part of at APRICOT. -- Regards, Nick Ashton-Hart Director, At-Large ICANN PO Box 32160 London N4 2XY United Kingdom Main Tel: +44 (20) 8800-1011] USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 email: nick.ashton-hart(a)icann.org Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

1 0

Customer protection
by Vittorio Bertola Feb. 21, 2007

Feb. 21, 2007

All, you might have noticed some pieces of news out there on the story of Registerfly, a registrar which is apparently failing to pay its registry dues and thus to renew their registrants' domains, and all other sorts of bad behaviour (see www.registerflies.com) A month ago or so, I had already forwarded to the Board list a message from the GA list, about other problems with a reseller (including the typical one "my reseller listed themselves, rather than me, as the registrant"). As you might know, often ICANN says that this falls outside of its mandate, and into the mandate of local consumer protection regulations. At the same time, I think that there are many things that ICANN could do, from education (e.g. better information to point out registrants to appropriate authorities) to consensus building (for example working to develop best industry practices for registrars and resellers for what pertains to how to deal with their customers) and to actual regulation (for example adding to the registrar accreditation agreements clauses that require registrars and their resellers to follow such best practices). I would like to use these cases to push the Board to set up a specific working group with the task of finding out some actions that ICANN could do to get to better consumer protection. Thus, I would like to know whether this is a request that we all share, so that I can put it forward. Thanks, -- vb. Vittorio Bertola - vb [a] bertola.eu <-------- --------> finally with a new website at http://bertola.eu/ <--------

3 2

PIR is searching for people
by Franck Martin Feb. 21, 2007

Feb. 21, 2007

http://www.pir.org/News/News.aspx I'm not sure if you are aware but the PIR is looking for people to fill up its advisory council and is looking for a new CEO. If you want to put in practise what we talk in ALAC... -- -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Franck Martin franck.martin(a)gmail.com "Toute connaissance est une réponse à une question" G. Bachelard

1 0

AP on Domain Tasting: Entrepreneurs profit from free Web names
by Wendy Seltzer Feb. 20, 2007

Feb. 20, 2007

Here's a brief AP piece on domain tasting that points to some of the others (IP interests and antispam, both bothered by the quick turnover of no-cost names) who'd be allies in shutting down add-grace. <http://www.usatoday.com/tech/news/2007-02-19-web-address-sampling_x.htm> By Anick Jesdanun, The Associated Press NEW YORK It's not often you can compare Internet addresses with clothing, but a growing practice comes close, contributing to a global shortage in good names. Entrepreneurs have been taking advantage of a five-day grace period to sample millions of domain names, keeping the relative few that might generate advertising revenues and dropping the rest before paying. It's akin to buying new clothes on a charge card only to return them for a full refund after wearing them to a big party. The grace period was originally designed to rectify legitimate mistakes, such as registrants mistyping the domain name they are about to buy. But with computer automation and a burgeoning online advertising market, entrepreneurs have turned the return policy into a loophole for generating big bucks. Experts believe spammers and scam artists are also starting to use the grace period as a source of free, disposable Web addresses. With up to 6 million names tied up at any given time through a practice known as domain name tasting, individuals and businesses are having even greater difficulty finding good names, particularly in the already-crowded ".com" space. ... --Wendy -- Wendy Seltzer -- wendy(a)seltzer.org Visiting Assistant Professor of Law, Brooklyn Law School Fellow, Berkman Center for Internet & Society http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/

2 1

Independent Review of At-Large
by Denise Michel Feb. 20, 2007

Feb. 20, 2007

At the Sao Paulo ICANN meeting, the Board approved a comprehensive schedule for independent review of ICANN’s structures (as required under Article IV, Section 4 of the Bylaws), as well as the Board: • Nominating Committee – estimated launch December 2006 • At-Large Advisory Committee – estimated launch February 2007 • DNS Root Server System Advisory Committee – estimated launch July 2007 • Board – estimated launch October 2007 • Security and Stability Advisory Committee – estimated launch January 2008 • ccNSO Supporting Organisation – estimated launch July 2008 • Address Supporting Organisation – estimated launch December 2008 These reviews are intended to ensure an independent examination of the role and operation of key elements of ICANN, and are part of ICANN’s ongoing commitment to its evolution and improvement. As with the first two independent reviews, which were completed for the GNSO Council and the GNSO, these reviews will be conducted in an objective way by independent evaluators, under guidance from the Board on the review’s terms of reference, and with opportunity for public review and comment on the results of the reviews. **Accordingly, input from the At-Large Advisory Committee, Regional At-Large Large Organizations, and the At-Large community is invited on the draft Terms of Reference for the ALAC review. Please provide Nick Ashton-Hart <staff(a)alac.icann.org> with your comments and suggestions. Nick will be following-up with more information.** Draft Terms of Reference (TOR), which detail questions that will guide the independent reviewer, will be developed by staff and presented to the Board Governance Committee. This Committee, which has oversight responsibilities for independent reviews, will have draft TOR posted for public comment and then finalized. You may find the draft TOR for the Nominating Committee Review to be illustrative <http://icann.org/announcements/announcement-12dec06.htm>. Thank you for your interest and involvement in At-Large. Regards, Denise Denise Michel Vice President, Policy Development ICANN www.icann.org denise.michel(a)icann.org

1 0

Re: [At-Large] Fwd: Re: Response on GAC principles Whois ?
by Nick Ashton-Hart Feb. 20, 2007

Feb. 20, 2007

On that topic, we have three candidate ALSes who are national consumer groups and they could be particularly useful here. I will try and source the email address of their GAC representatives for them. On 19 Feb 2007, at 10:42, Vittorio Bertola wrote: > All, > > on another mailing list, this draft of GAC principles about Whois was > circulated. I find it horrible, starting from the extensive definition > of uses, that says that Whois is there to help people fight against > "theft of intellectual property". > > It looks that the GAC is asking for comment to consumer groups, so > while > we as the ALAC/RALOs are not entitled to interfere with the work of > the > GAC, any ALS could get in touch with the GAC representative from their > country and provide an opinion in defense of the registrants' privacy. > > More comments interspersed below. > > Michiel Leenaars ha scritto: >> GAC PRINCIPLES REGARDING USES OF WHOIS DATA >> >> Presented by the Governmental Advisory Committee >> March 29, 2007 >> >> Preamble >> >> 1.1 The purpose of this document is to identify a set of general >> public policy principles related to the generic top level domain >> (gTLD) >> WHOIS service, in line with the recommendations of the Tunis >> Agenda of >> the World Summit on the Information Society in November, 2005. >> >> 1.2Individual GAC members have consulted with privacy, law >> enforcement, >> consumer and intellectual property protection bodies in their >> governments. >> >> Objective of this document >> >> 2.1These principles are intended to guide the work within ICANN >> pertaining to the WHOIS service and to inform the ICANN Board of the >> consensus views of the GAC regarding the range of public policy >> uses of >> WHOIS data. >> >> Public Policy Aspects of WHOIS Data >> >> 3.1 The GAC recognizes that the original function of the gTLD WHOIS >> service, a directory database of resources and users connected to the >> network, has evolved as the Internet has expanded and now serves a >> number of legitimate uses, including, but not limited to: >> >> 1.Supporting Internet network operators responsible for the >> operation, >> security, and stability of the Internet; >> >> 2.Allowing users to determine the availability of domain names; >> >> 3.Assisting law enforcement agencies in investigations and in >> enforcing national and international laws and supporting >> international >> cooperation procedures; >> >> 4.Facilitating enquiries and subsequent steps to conduct trademark >> clearances and to counter intellectual property infringement, misuse >> and theft; > > ..apart from the use of the term "theft", which, today, only the > really > hard pro-intellectual property people use, of course by saying that > Whois is there to help IP owners, you give for granted that IP owners > have the right to have access to the personal information of whoever > creates a website, and I don't like this. > >> >> 5.Building user confidence in the Internet and e-commerce by helping >> users identify contact details of entities online; and >> >> 6.Assisting businesses, financial institutions, and other >> organizations >> in protecting their business interests, combating fraud, complying >> with >> relevant laws, and safeguarding the interests of their customers and >> consumers. >> >> >> 3.2The GAC also recognizes that there are concerns about abuses of >> WHOIS data, which are contrary to the provisions of the Universal >> Declaration of Human Rights. > > This is really dangerous; it seems to imply that the only concerns are > about the abuses of data, e.g. if someone is in direct risk of > retribution for, say, publishing opinions on the Web that do not > please > their government. This paragraph seems carefully built to promote > one of > the proposals currently under examination by ICANN's GNSO, the one > that > says that you would be allowed to keep your data private only if you > could prove that you are under a clear and direct risk created by that > publication. The European approach is exactly the opposite; your data > should remain private unless there is a clear reason to disclose them. > There should be a recognition of the fact that under many legislations > users have a natural right not to disclose their information without > their consensus. It's not just about abuse. > >> 4.1The GAC believes the definition, purpose, and operation of gTLD >> WHOIS services should reflect and respect the different interests and >> concerns of legitimate users of WHOIS data, as outlined in Section 3 >> above. In addition, gTLD WHOIS services should utilize appropriate >> conditions and procedures intended to promote legitimate uses, and >> must >> comply with applicable national laws and regulations. > > Again, this para talks about "promoting legitimate use" (eg, > facilitating IP owners and businesses in accessing your data), but > does > not mention the concerns of the *owners* of WHOIS data. In fact, is > there any mention of the rights and needs of the owners of the > personal > information anywhere in this document? > >> 4.2The GAC also believes that the managers of WHOIS data services >> should provide accurate and complete data about domain name >> registrants >> in a manner that: >> >> 1. Supports the stability and security of the Internet, from both a >> technical and public trust perspective; and >> >> 2. Facilitates continued, timely and global access to accurate WHOIS >> data. > > ..and again, the focus is only on ensuring that personal > information is > readily accessible. No mention, for example, of the fact that the > managers of Whois should allow data owners to effectively enforce > their > rights, such as right to update and to removal. > >> 5.1Recommendations for Industry Action >> >> 1. The GAC encourages stakeholders to work with ICANN to improve the >> accuracy of WHOIS data, and in particular, to take action to >> reduce the >> incidence of deliberately false WHOIS data. > > ..and again... > >> 2.The GAC strongly urges ICANN to work with stakeholders to conduct a >> study of the characteristics of domain name registrants, as a first >> step toward determining: whether and how WHOIS data is misused; > > (which implies, if there are no misuses of Whois data then you should > lose your right to privacy of your information; again, the approach is > reverted - according to this document, it's not people that want your > data that have to explain why, it's you that have to justify why you > want to keep your privacy) > >> how >> to prevent the abuse or criminal use of WHOIS data, without >> compromising access to the data for legitimate purposes; > > ..and again... > >> and to >> facilitate the adoption of technical and procedural measures aimed at >> identifying emerging practices that could be considered misuse or >> abuse >> and bring them to the attention of the public. > > All in all, this draft seems written by a control freak that sees > domain > names as a mass surveillance tool over what people do and say over the > Internet, or by the lawyers of the RIAA. Maybe I am overreacting, but > I've rarely seen such a privacy-unfriendly document about Whois, and I > am astonished that the European government representatives would even > consider discussing on these bases. > -- > vb. Vittorio Bertola - vb [a] bertola.eu <-------- > --------> finally with a new website at http://bertola.eu/ <-------- > > > _______________________________________________ > ALAC mailing list > ALAC(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge- > lists.icann.org > > www.alac.icann.org > www.icannalac.org

1 0

Fwd: Re: Response on GAC principles Whois ?
by Vittorio Bertola Feb. 19, 2007

Feb. 19, 2007

All, on another mailing list, this draft of GAC principles about Whois was circulated. I find it horrible, starting from the extensive definition of uses, that says that Whois is there to help people fight against "theft of intellectual property". It looks that the GAC is asking for comment to consumer groups, so while we as the ALAC/RALOs are not entitled to interfere with the work of the GAC, any ALS could get in touch with the GAC representative from their country and provide an opinion in defense of the registrants' privacy. More comments interspersed below. Michiel Leenaars ha scritto: > GAC PRINCIPLES REGARDING USES OF WHOIS DATA > > Presented by the Governmental Advisory Committee > March 29, 2007 > > Preamble > > 1.1 The purpose of this document is to identify a set of general > public policy principles related to the generic top level domain (gTLD) > WHOIS service, in line with the recommendations of the Tunis Agenda of > the World Summit on the Information Society in November, 2005. > > 1.2Individual GAC members have consulted with privacy, law enforcement, > consumer and intellectual property protection bodies in their > governments. > > Objective of this document > > 2.1These principles are intended to guide the work within ICANN > pertaining to the WHOIS service and to inform the ICANN Board of the > consensus views of the GAC regarding the range of public policy uses of > WHOIS data. > > Public Policy Aspects of WHOIS Data > > 3.1 The GAC recognizes that the original function of the gTLD WHOIS > service, a directory database of resources and users connected to the > network, has evolved as the Internet has expanded and now serves a > number of legitimate uses, including, but not limited to: > > 1.Supporting Internet network operators responsible for the operation, > security, and stability of the Internet; > > 2.Allowing users to determine the availability of domain names; > > 3.Assisting law enforcement agencies in investigations and in > enforcing national and international laws and supporting international > cooperation procedures; > > 4.Facilitating enquiries and subsequent steps to conduct trademark > clearances and to counter intellectual property infringement, misuse > and theft; ...apart from the use of the term "theft", which, today, only the really hard pro-intellectual property people use, of course by saying that Whois is there to help IP owners, you give for granted that IP owners have the right to have access to the personal information of whoever creates a website, and I don't like this. > > 5.Building user confidence in the Internet and e-commerce by helping > users identify contact details of entities online; and > > 6.Assisting businesses, financial institutions, and other organizations > in protecting their business interests, combating fraud, complying with > relevant laws, and safeguarding the interests of their customers and > consumers. > > > 3.2The GAC also recognizes that there are concerns about abuses of > WHOIS data, which are contrary to the provisions of the Universal > Declaration of Human Rights. This is really dangerous; it seems to imply that the only concerns are about the abuses of data, e.g. if someone is in direct risk of retribution for, say, publishing opinions on the Web that do not please their government. This paragraph seems carefully built to promote one of the proposals currently under examination by ICANN's GNSO, the one that says that you would be allowed to keep your data private only if you could prove that you are under a clear and direct risk created by that publication. The European approach is exactly the opposite; your data should remain private unless there is a clear reason to disclose them. There should be a recognition of the fact that under many legislations users have a natural right not to disclose their information without their consensus. It's not just about abuse. > 4.1The GAC believes the definition, purpose, and operation of gTLD > WHOIS services should reflect and respect the different interests and > concerns of legitimate users of WHOIS data, as outlined in Section 3 > above. In addition, gTLD WHOIS services should utilize appropriate > conditions and procedures intended to promote legitimate uses, and must > comply with applicable national laws and regulations. Again, this para talks about "promoting legitimate use" (eg, facilitating IP owners and businesses in accessing your data), but does not mention the concerns of the *owners* of WHOIS data. In fact, is there any mention of the rights and needs of the owners of the personal information anywhere in this document? > 4.2The GAC also believes that the managers of WHOIS data services > should provide accurate and complete data about domain name registrants > in a manner that: > > 1. Supports the stability and security of the Internet, from both a > technical and public trust perspective; and > > 2. Facilitates continued, timely and global access to accurate WHOIS > data. ...and again, the focus is only on ensuring that personal information is readily accessible. No mention, for example, of the fact that the managers of Whois should allow data owners to effectively enforce their rights, such as right to update and to removal. > 5.1Recommendations for Industry Action > > 1. The GAC encourages stakeholders to work with ICANN to improve the > accuracy of WHOIS data, and in particular, to take action to reduce the > incidence of deliberately false WHOIS data. ...and again... > 2.The GAC strongly urges ICANN to work with stakeholders to conduct a > study of the characteristics of domain name registrants, as a first > step toward determining: whether and how WHOIS data is misused; (which implies, if there are no misuses of Whois data then you should lose your right to privacy of your information; again, the approach is reverted - according to this document, it's not people that want your data that have to explain why, it's you that have to justify why you want to keep your privacy) > how > to prevent the abuse or criminal use of WHOIS data, without > compromising access to the data for legitimate purposes; ...and again... > and to > facilitate the adoption of technical and procedural measures aimed at > identifying emerging practices that could be considered misuse or abuse > and bring them to the attention of the public. All in all, this draft seems written by a control freak that sees domain names as a mass surveillance tool over what people do and say over the Internet, or by the lawyers of the RIAA. Maybe I am overreacting, but I've rarely seen such a privacy-unfriendly document about Whois, and I am astonished that the European government representatives would even consider discussing on these bases. -- vb. Vittorio Bertola - vb [a] bertola.eu <-------- --------> finally with a new website at http://bertola.eu/ <--------

1 0

Re: [At-Large] Evaluation of organisations and composition with respect to ALS status
by Nick Ashton-Hart Feb. 18, 2007

Feb. 18, 2007

:) No lie! If human beings can send people to other planets, we can find a way to do these things, I'm sure. On 18/02/07, Vint Cerf <vint(a)google.com> wrote: > > Nick, > > interestingly, this ALS evaluation problem is reminiscent of our nascent > gTLD evaluation problem. Both proving to be tricky to get right in the > details. > > vint > > > Vinton G Cerf > Chief Internet Evangelist > Google > Regus Suite 384 > 13800 Coppermine Road > Herndon, VA 20171 > > +1 703 234-1823 > +1 703-234-5822 (f) > > vint(a)google.com > www.google.com > > > > ------------------------------ > *From:* nashtonhart(a)gmail.com [mailto:nashtonhart@gmail.com] *On Behalf Of > *Nick Ashton-Hart > *Sent:* Sunday, February 18, 2007 3:32 PM > *To:* At-Large Worldwide > *Cc:* Denise Michel; John Jeffrey; Carlton A Samuels; Dr. Vinton G. Cerf; > Frank Fowlie > *Subject:* Evaluation of organisations and composition with respect to ALS > status > > Dear Committee: > > It may be useful to tell you that, due to the Ynternet investigation, plus > the application of others which have opened questions about how to judge the > suitability of certain types of applications, I'm compiling a draft note for > your consideration on how to interpret the criteria for determining the > suitability of applicant ALSes to join the community. Hopefully it can serve > to provide further objective criteria for analysis of applications, > especially in the post-RALO-formation world where the number of stakeholders > looking at new applications will considerably increase. > > It would seem to be logical, with the volume of applications rising and at > the same time the number of people looking at applications also increasing > with the MoU provisions for a more engaged regional role in ALS applications > decisions, that we compile together some guidance for analysing ALS > applications, based upon the considerable experience of nearly 100 > applications being received and the vast majority being handled increasingly > expeditiously easily. > > Naturally the end result of how to interpret the criteria for ALS status > would be in the hands of the community, since it is the community that has > the actual decision as to who is to be considered a member - the decision > being made of course through the lens provided by the Bylaws of ICANN and > the board-accepted critera which rely upon the Bylaw provisions. What I hope > to help provide you with is the basis for greater certainty about what the > provisions mean, to facilitate an agreement amongst the community about how > to decide the merits of applications. > > -- > Regards, > > Nick Ashton-Hart > Director, At-Large > ICANN > PO Box 32160 > London N4 2XY > United Kingdom > UK Tel: +44 (20) 8800-1011 > USA Tel: +1 (202) 657-5460 > Fax: +44 (20) 7681-3135 > mobile: +44 (7774) 932798 > Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: > nashtonhart > Online Bio: https://www.linkedin.com/in/ashtonhart > -- -- Regards, Nick Ashton-Hart PO Box 32160 London N4 2XY United Kingdom UK Tel: +44 (20) 8800-1011 USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

1 0

Evaluation of organisations and composition with respect to ALS status
by Nick Ashton-Hart Feb. 18, 2007

Feb. 18, 2007

Dear Committee: It may be useful to tell you that, due to the Ynternet investigation, plus the application of others which have opened questions about how to judge the suitability of certain types of applications, I'm compiling a draft note for your consideration on how to interpret the criteria for determining the suitability of applicant ALSes to join the community. Hopefully it can serve to provide further objective criteria for analysis of applications, especially in the post-RALO-formation world where the number of stakeholders looking at new applications will considerably increase. It would seem to be logical, with the volume of applications rising and at the same time the number of people looking at applications also increasing with the MoU provisions for a more engaged regional role in ALS applications decisions, that we compile together some guidance for analysing ALS applications, based upon the considerable experience of nearly 100 applications being received and the vast majority being handled increasingly expeditiously easily. Naturally the end result of how to interpret the criteria for ALS status would be in the hands of the community, since it is the community that has the actual decision as to who is to be considered a member - the decision being made of course through the lens provided by the Bylaws of ICANN and the board-accepted critera which rely upon the Bylaw provisions. What I hope to help provide you with is the basis for greater certainty about what the provisions mean, to facilitate an agreement amongst the community about how to decide the merits of applications. -- Regards, Nick Ashton-Hart Director, At-Large ICANN PO Box 32160 London N4 2XY United Kingdom UK Tel: +44 (20) 8800-1011 USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

2 1

Map of the GNSO Policy Development Process
by Nick Ashton-Hart Feb. 17, 2007

Feb. 17, 2007

Dear all: I've attached a scan of a handout I recently received which neatly maps the process at a high level of how the PDP process works in the GNSO. I hope this is handy. We are working on producing more of this kind of information, with accompanying descriptions, to make processes like this easier to understand. -- Regards, Nick Ashton-Hart Director, At-Large ICANN PO Box 32160 London N4 2XY United Kingdom Main Tel: +44 (20) 8800-1011] USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 email: nick.ashton-hart(a)icann.org Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

3 2