FOR REVIEW: draft BC comment on study of Whois misuse
ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination
Hi Steve, Thanks to you, Susan, John and Jimson for your work on this. SVGC supports the comment as presented. Best, Stéphane Van Gelder Chairman and Managing Director/Fondateur STEPHANE VAN GELDER CONSULTING T (FR): +33 (0)6 20 40 55 89 T (UK): +44 (0)7583 457053 Skype: SVANGELDER www.StephaneVanGelder.com ---------------- Follow us on Twitter: @stephvg and "like" us on Facebook: www.facebook.com/DomainConsultant LinkedIn: fr.linkedin.com/in/domainconsultant/ On 10 January 2014 21:41, Steve DelBianco <sdelbianco@netchoice.org> wrote:
ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse.
Back in 2009 the BC prompted this study to learn whether "*Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose.*"
We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard).
As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014.
So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014.
Thanks again to Jimson, Susan, and John for stepping-up to this.
Best, Steve DelBianco Vice chair for policy coordination
RNA Partners supports this draft. Thanks to the drafters for the concise comment. Kind regards, RA Ron Andruff RNA Partners <http://www.rnapartners.com> www.rnapartners.com From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 15:42 To: 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study <http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-e n.pdf> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse - that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination
Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse - that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
I support David Fares' comment, and we may need to explain a bit more, but I defer to David, Sarah, Susan, and other experts on a couple of additional sentences. It is a critical point, though. From: DFares@21cf.com To: sdelbianco@netchoice.org; bc-gnso@icann.org Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse Date: Tue, 14 Jan 2014 09:43:41 +0000 Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
+1 From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Fares, David Sent: Tuesday, January 14, 2014 2:44 AM To: Steve DelBianco; 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse - that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
Agree as well. This study shouldn't be twisted into an excuse to restrict access to Whois. Sarah B. Deutsch Vice President & Deputy General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 sarah.b.deutsch@verizon.com From: Elisa Cooper [mailto:Elisa.Cooper@markmonitor.com] Sent: Tuesday, January 14, 2014 10:33 AM To: Fares, David <DFares@21cf.com>; Steve DelBianco <sdelbianco@netchoice.org>; 'bc-GNSO@icann.org GNSO list' <bc-gnso@icann.org> Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse +1 From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Fares, David Sent: Tuesday, January 14, 2014 2:44 AM To: Steve DelBianco; 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
Dear all, Thanks so much to the drafters! eInstituto supports the draft and we also agree with David´s comments, together with Marilyn and Sarah´s. Gabi *Gabriela Szlak * *Skype:* gabrielaszlak *Twitter: @*GabiSzlak La información contenida en este e-mail es confidencial. The information in this e-mail is confidential. 2014/1/14 Deutsch, Sarah B <sarah.b.deutsch@verizon.com>
Agree as well. This study shouldn't be twisted into an excuse to restrict access to Whois.
Sarah B. Deutsch Vice President & Deputy General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 sarah.b.deutsch@verizon.com
*From*: Elisa Cooper [mailto:Elisa.Cooper@markmonitor.com] *Sent*: Tuesday, January 14, 2014 10:33 AM *To*: Fares, David <DFares@21cf.com>; Steve DelBianco < sdelbianco@netchoice.org>; 'bc-GNSO@icann.org GNSO list' < bc-gnso@icann.org> *Subject*: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse
+1
*From:* owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] *On Behalf Of *Fares, David *Sent:* Tuesday, January 14, 2014 2:44 AM *To:* Steve DelBianco; 'bc-GNSO@icann.org GNSO list'
*Subject:* [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse
Steve,
Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data?
Thanks,
David
*From:* owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org<owner-bc-gnso@icann.org>] *On Behalf Of *Steve DelBianco *Sent:* Friday, January 10, 2014 8:42 PM *To:* 'bc-GNSO@icann.org GNSO list' *Subject:* [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse
ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse.
Back in 2009 the BC prompted this study to learn whether "*Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose.*"
We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard).
As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014.
So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014.
Thanks again to Jimson, Susan, and John for stepping-up to this.
Best,
Steve DelBianco
Vice chair for policy coordination
This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
+1 Laura Covington VP, Intellectual Property Policy Yahoo! Inc. lhc@yahoo-inc.com 408.349.5187 From: <Deutsch>, Sarah B <sarah.b.deutsch@verizon.com<mailto:sarah.b.deutsch@verizon.com>> Date: Tuesday, January 14, 2014 7:47 AM To: "'Elisa.Cooper@markmonitor.com<mailto:'Elisa.Cooper@markmonitor.com>'" <Elisa.Cooper@markmonitor.com<mailto:Elisa.Cooper@markmonitor.com>>, "'DFares@21cf.com<mailto:'DFares@21cf.com>'" <DFares@21cf.com<mailto:DFares@21cf.com>>, "'sdelbianco@netchoice.org<mailto:'sdelbianco@netchoice.org>'" <sdelbianco@netchoice.org<mailto:sdelbianco@netchoice.org>>, "'bc-gnso@icann.org<mailto:'bc-gnso@icann.org>'" <bc-gnso@icann.org<mailto:bc-gnso@icann.org>> Subject: Re: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse Agree as well. This study shouldn't be twisted into an excuse to restrict access to Whois. Sarah B. Deutsch Vice President & Deputy General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 sarah.b.deutsch@verizon.com<mailto:sarah.b.deutsch@verizon.com> From: Elisa Cooper [mailto:Elisa.Cooper@markmonitor.com] Sent: Tuesday, January 14, 2014 10:33 AM To: Fares, David <DFares@21cf.com<mailto:DFares@21cf.com>>; Steve DelBianco <sdelbianco@netchoice.org<mailto:sdelbianco@netchoice.org>>; 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' <bc-gnso@icann.org<mailto:bc-gnso@icann.org>> Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse +1 From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Fares, David Sent: Tuesday, January 14, 2014 2:44 AM To: Steve DelBianco; 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From:owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
David — thanks for that suggestion. Here’s my reaction for you and the drafters of this comment: The whole point of this study was to test the validity of claims by privacy advocates that misuse of public Whois was responsible for spam, harassment, and other abuse of registrants. First, we should say that this latest study does not document abuse arising from public access, so there is no justification to limit public access. Second, we can claim that any restrictions on whois access that might be contemplated should nonetheless preserve access by any party needing to know the identity of who controls a domain where there is evidence of actionable harm. From: <Fares>, David Fares <DFares@21cf.com<mailto:DFares@21cf.com>> Date: Tuesday, January 14, 2014 at 4:43 AM To: Steve DelBianco <sdelbianco@netchoice.org<mailto:sdelbianco@netchoice.org>>, "'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list'" <bc-gnso@icann.org<mailto:bc-gnso@icann.org>> Subject: RE: FOR REVIEW: draft BC comment on study of Whois misuse Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
Thanks Steve, I think this works. From: Steve DelBianco [mailto:sdelbianco@netchoice.org] Sent: Tuesday, January 14, 2014 11:36 PM To: Fares, David; John Berard; Jimson Olufuye; skawaguchi@fb.com Cc: 'bc-GNSO@icann.org GNSO list' Subject: Re: FOR REVIEW: draft BC comment on study of Whois misuse David - thanks for that suggestion. Here's my reaction for you and the drafters of this comment: The whole point of this study was to test the validity of claims by privacy advocates that misuse of public Whois was responsible for spam, harassment, and other abuse of registrants. First, we should say that this latest study does not document abuse arising from public access, so there is no justification to limit public access. Second, we can claim that any restrictions on whois access that might be contemplated should nonetheless preserve access by any party needing to know the identity of who controls a domain where there is evidence of actionable harm. From: <Fares>, David Fares <DFares@21cf.com<mailto:DFares@21cf.com>> Date: Tuesday, January 14, 2014 at 4:43 AM To: Steve DelBianco <sdelbianco@netchoice.org<mailto:sdelbianco@netchoice.org>>, "'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list'" <bc-gnso@icann.org<mailto:bc-gnso@icann.org>> Subject: RE: FOR REVIEW: draft BC comment on study of Whois misuse Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse - that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect. This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
Looks good to me. Marilyn From: DFares@21cf.com To: sdelbianco@netchoice.org; john@crediblecontext.com; jolufuye@kontemporary.net; skawaguchi@fb.com CC: bc-gnso@icann.org Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse Date: Wed, 15 Jan 2014 10:10:50 +0000 Thanks Steve, I think this works. From: Steve DelBianco [mailto:sdelbianco@netchoice.org] Sent: Tuesday, January 14, 2014 11:36 PM To: Fares, David; John Berard; Jimson Olufuye; skawaguchi@fb.com Cc: 'bc-GNSO@icann.org GNSO list' Subject: Re: FOR REVIEW: draft BC comment on study of Whois misuse David — thanks for that suggestion. Here’s my reaction for you and the drafters of this comment: The whole point of this study was to test the validity of claims by privacy advocates that misuse of public Whois was responsible for spam, harassment, and other abuse of registrants. First, we should say that this latest study does not document abuse arising from public access, so there is no justification to limit public access. Second, we can claim that any restrictions on whois access that might be contemplated should nonetheless preserve access by any party needing to know the identity of who controls a domain where there is evidence of actionable harm. From: <Fares>, David Fares <DFares@21cf.com> Date: Tuesday, January 14, 2014 at 4:43 AM To: Steve DelBianco <sdelbianco@netchoice.org>, "'bc-GNSO@icann.org GNSO list'" <bc-gnso@icann.org> Subject: RE: FOR REVIEW: draft BC comment on study of Whois misuse Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse – that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect. This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
I agree. From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Fares, David Sent: Wednesday, January 15, 2014 5:11 AM To: Steve DelBianco; John Berard; Jimson Olufuye; skawaguchi@fb.com Cc: 'bc-GNSO@icann.org GNSO list' Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on study of Whois misuse Thanks Steve, I think this works. From: Steve DelBianco [mailto:sdelbianco@netchoice.org] Sent: Tuesday, January 14, 2014 11:36 PM To: Fares, David; John Berard; Jimson Olufuye; skawaguchi@fb.com<mailto:skawaguchi@fb.com> Cc: 'bc-GNSO@icann.org GNSO list' Subject: Re: FOR REVIEW: draft BC comment on study of Whois misuse David - thanks for that suggestion. Here's my reaction for you and the drafters of this comment: The whole point of this study was to test the validity of claims by privacy advocates that misuse of public Whois was responsible for spam, harassment, and other abuse of registrants. First, we should say that this latest study does not document abuse arising from public access, so there is no justification to limit public access. Second, we can claim that any restrictions on whois access that might be contemplated should nonetheless preserve access by any party needing to know the identity of who controls a domain where there is evidence of actionable harm. From: <Fares>, David Fares <DFares@21cf.com<mailto:DFares@21cf.com>> Date: Tuesday, January 14, 2014 at 4:43 AM To: Steve DelBianco <sdelbianco@netchoice.org<mailto:sdelbianco@netchoice.org>>, "'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list'" <bc-gnso@icann.org<mailto:bc-gnso@icann.org>> Subject: RE: FOR REVIEW: draft BC comment on study of Whois misuse Steve, Thank you for a well drafted statement. Would it be possible to incorporate into the comment that measures to address misuse should not jeopardize access to Whois data? Thanks, David From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org] On Behalf Of Steve DelBianco Sent: Friday, January 10, 2014 8:42 PM To: 'bc-GNSO@icann.org<mailto:'bc-GNSO@icann.org> GNSO list' Subject: [bc-gnso] FOR REVIEW: draft BC comment on study of Whois misuse ICANN posted a Study<http://whois.icann.org/sites/default/files/files/cmu-misuse-study-26nov13-en...> on Whois Misuse. Back in 2009 the BC prompted this study to learn whether "Public access to WHOIS data leads to a measurable degree of misuse - that is, to actions that cause actual harm, are illegal or illegitimate, or otherwise contrary to the stated legitimate purpose." We discussed this study on our 5-Dec member call. Three BC members volunteered to review and draft comments on the study (Jimson Olufuye, Susan Kawaguchi, John Berard). As discussed on our 9-Jan call, their proposed comment is brief and should be easy for members to do an expedited review before ICANN's due date of 18-Jan-2014. So please review the attached and REPLY ALL with your comments or objections before 18-Jan-2014. Thanks again to Jimson, Susan, and John for stepping-up to this. Best, Steve DelBianco Vice chair for policy coordination This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect. This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
participants (9)
-
Deutsch, Sarah B -
Elisa Cooper -
Fares, David -
Gabriela Szlak -
Laura Covington -
Marilyn Cade -
Ron Andruff -
Stephane Van Gelder Consulting -
Steve DelBianco