Brendler, Beau wrote:
.... an action that:
1. Causes actual and substantial harm, or is a material predicate of such harm, and
2. Is illegal or illegitimate, or is otherwise considered contrary to the intention and design of a stated legitimate purpose, if such purpose is disclosed.
It is extremely easy trying to shoot Beau down on phrases such as illegal/illegitimate/predicate without delivering any positive contribution. I thank Beau for this initiative. It is long overdue. However those that work with internet abuse on a daily basis, will exactly know what Beau is describing. As such I will try my hand: Any action that deliberately intends to deceive with the intent of harming, either physically, emotionally or financially, another party on the net. I am deliberately saying "intends", since this should be aimed at preventing criminals and fraudsters. The golden rule of the net: when the money is gone, it's gone. Thinking Back, Garth and Jart has a nice definition as well. Example: annanemmanuel.com - sculptor "Annan Emmanuel" Any queries on this domain may be couriered via http://royaldiplomatic.annanemmanuel.com/ or http://magnatecourier.annanemmanuel.com/ to the legitimate owner of the content at http://www.sculptorcarver.com/ (though the fees may be steep and no guarantees it will ever be delivered) Jokes aside. Where does the legal jurisdiction for the above lie? The point is the registrant is deliberately hiding. Do we unwrap a trail of Privacy abuse, only to find fake registration details, then decide to act with a trail of victims later, or do we see this for what it is. Another example: As far as I know, botnets are not illegal in some parts of the world. Heck, I think LE in those areas may not even know what they are. However does that make it right for them to attack other parties in other parts of the world, using botnets in yet another jurisdiction(s) just because they have no law against it? Or maybe have? Obviously not. So what are we going to call it? As such, please understand what Beau is describing and rather try and support his efforts and help to get this issue pegged down. Derek Smythe Brendler, Beau wrote: .... an action that:
1. Causes actual and substantial harm, or is a material predicate of such harm, and
2. Is illegal or illegitimate, or is otherwise considered contrary to the intention and design of a stated legitimate purpose, if such purpose is disclosed.
Notes:
* This is a working definition as per group consensus on April 27, 2009 and may be re-visited should the WG find it inadequate after examining some specific examples.
* The party or parties harmed, and the substance or severity of the abuse, should be identified and discussed in relation to a specific proposed abuse.
* The term "harm" is not intended to shield a party from fair market competition.
* The above definition of abuse is indebted to the definition of "misuse" in the document "Working Definitions for Key Terms that May be Used in Future WHOIS Studies" prepared by the GNSO Drafting Team [18 February 2009, at http://gnso.icann.org/issues/whois/whois-working-definitions-study-terms-18f...].
** This e-mail message is intended only for the designated recipient(s) named above. The information contained in this e-mail and any attachments may be confidential or legally privileged. If you are not the intended recipient, you may not review, retain, copy, redistribute or use this e-mail or any attachment for any purpose, or disclose all or any part of its contents. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and permanently delete this e-mail and any attachments from your computer system.
_______________________________________________ At-Large mailing list At-Large@atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.icann...
At-Large Official Site: http://atlarge.icann.org