Thanks for this, Beau. A few comments on the definition below, all designed to tighten up the definition so registrants can actually have some idea of what is abusive and what is not.
Abuse is an action that: 1. Causes actual and substantial harm,
Clarification: to whom? And what kind of harm? Are we focusing on technical disruption? consumer fraud? economic harm to businesses what we are looking? All of the above?
or is a material predicate of such harm,
This is a hard one, especially when coupled with the nebulous "illegitimate" below. My possession of a lethal weapon is a material predicate to my committing armed robbery, but there's a huge leap between keeping an unloaded rifle locked in my gun cabinet and knocking over the neighborhood liquor store.
2. Is illegal
Where? In the country where the registrant lives? registrar? registry? ICANN? For just one example, in the United States, it's not legal for U.S. citizens to run online gambling sites. In some countries, the facilitation of online gambling is the major export.
or illegitimate, or is otherwise considered contrary to the intention and design of a stated legitimate purpose, if such purpose is disclosed.
At least "illegal"is capable of definition, by reference to some jurisdiction, but "illegitimate" and "stated legitimate purpose" are not capable of more precise definition than "in the eye of the beholder." I would strongly recommend removing this clause and finding something you can actually define with more precision. Thanks for keep us posted! Bret