Dear Councillors,
Please find below a motion on RAP I am proposing for the
next GNSO Council call:
Motion to Address the Remaining
Registration Abuse Policies Working Group Recommendations
Whereas the Registration Abuse Policies
(RAP) Working Group submitted its report to the GNSO Council on 29 May 2010
(see http://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf);
Whereas the GNSO Council reviewed the
report and its recommendations and decided to form an implementation drafting
team to draft a proposed approach with regard to the recommendations contained
in the Registration Abuse Policies Working Group Final Report;
Whereas the Registration Abuse Policies
Implementation Drafting Team submitted its proposed response to the GNSO
Council on 15 November 2010 (see http://gnso.icann.org/correspondence/rap-idt-to-gnso-council-15nov10-en.pdf);
Whereas the GNSO Council considered the
proposed approached at its Working Session at the ICANN meeting in Cartagena;
Whereas the GNSO Council acted on a number
of RAP recommendations at its meeting on 3 February 2011 (see http://gnso.icann.org/resolutions/#201102);
Whereas the GNSO Council requested
feedback from ICANN Compliance in relation to WHOIS Access recommendation #2
and Fake Renewal Notices recommendation #1 and a response was received on 23
February 2011 (http://gnso.icann.org/mailing-lists/archives/council/msg10766.html). In
addition, a discussion with Compliance Staff was held at the ICANN meeting in
San Francisco.
Whereas the GNSO Council considered the
remaining RAP recommendations in further detail during its working session at
the ICANN meeting in Singapore based on an overview prepared by ICANN Staff
(see http://gnso.icann.org/correspondence/overview-rapwg-recommendations-18may11-en.pdf).
NOW THEREFORE BE IT:
RESOLVED, the GNSO Council
thanks the ICANN Compliance Department for its feedback in relation to WHOIS
Access recommendation #2 and determines that no further work on this recommendation
is needed. The GNSO Council welcomes the commitment of the ICANN Compliance
Department ‘to report on compliance activities and publish data about
WHOIS accessibility, on at least an annual basis' (see (http://gnso.icann.org/mailing-lists/archives/council/msg10766.html).
RESOLVED, the GNSO Council thanks the ICANN
Compliance Department for its feedback in relation to Fake Renewal Notices
recommendation #1 and determines that no further work on this recommendation is
needed.
RESOLVED, the GNSO Council determines that
additional information is needed from the Registrar Stakeholder Group with
regard to the conditional Fake Renewal Notices recommendation #2 before an
Issue Report should be requested of Staff. The GNSO Council hereby requests
that the Registrar Stakeholder Group provide further information and data on
the nature and scope of the issue of Fake Renewal Notices to help inform the
GNSO Council’s and its RAP WG deliberations on whether an Issue Report
should be requested. A small group of volunteers consisting of registrar
representatives and others interested (including former RAP WG members) should
be formed to prepare such a request, work with the Registrar Stakeholder Group
to obtain the information requested and report back to the GNSO Council
accordingly.
RESOLVED, in response to WHOIS Access
recommendation #1, the GNSO Council requests the WHOIS Survey Drafting Team to
consider including the issue of WHOIS Access as part of the survey it has been
tasked to develop. If the WHOIS Survey Drafting Team is of the view that it is
not appropriate or timely to include WHOIS Access as part of the survey, it
should inform the GNSO Council accordingly so that the GNSO Council can
determine what next steps, if any, might be appropriate at this stage in
relation to this recommendation.
RESOLVED, with regard to the recommendation
on Meta Issue: Collection and Dissemination of Best Practices, the GNSO Council
acknowledges receipt of this recommendation and determines to defer its
consideration until it evaluates the outcome of Malicious Use of Domain Names
recommendation #1, which aims to develop best practices to help registrars and
registries address the illicit use of domain names. In light of the pending
request to Staff to develop a Discussion Paper on the Malicious Use of Domain
Names, the GNSO Council believes that the upcoming review and analysis of this
Discussion Paper may serve to inform the Council of the issues related to the
Meta Issue: Collection and Dissemination of Best Practices recommendation.
RESOLVED, in regard to the recommendations
on cross-TLD Registration Scam and Domain Kiting/Tasting, the GNSO Council
Chair shall communicate to the Security and Stability Advisory Committee (SSAC)
the findings of the RAP WG in this regard and request that the SSAC consider
evaluating and/or monitoring these abuses. If the SSAC elects to conduct this
work, the GNSO Council requests that the SSAC inform the GNSO Council if it
believes that further policy work by the GNSO Council should be undertaken to
address these two types of abuse. In addition, the GNSO Council suggests that
the issue of cross-TLD registration scam be included in the agenda of its next
meeting with the ccNSO Council since this type of abuse may also affect ccTLDs.
RESOLVED, in response to the recommendation
on Meta Issue: Uniformity of Reporting, the GNSO Council acknowledges receipt
of this recommendation, and hereby requests the ICANN Compliance Department to
report on existing systems to report and track violations and/or complaints;
improvements / changes made since the RAPWG Report or foreseen in the near
future, and: identify gaps and any improvements that might be desirable but not
foreseen at this stage. Further consideration of this Meta Issue, including the
recommendations and considerations of the RAP WG in this regard, is deferred
pending receipt of such information from the ICANN Compliance Department.
RESOLVED, in response to the
recommendation on Uniformity of Contracts, the GNSO Council requests an Issue Report
to evaluate whether a minimum baseline of registration abuse provisions should be
created for all in scope ICANN agreements, and if created, how such language would
be structured to address the most common forms of registration abuse.
RESOLVED, in response to the
recommendations on Gripe Sites, Deceptive and/or Offensive Domain Names
recommendation #2, and; Cybersquatting recommendation #2, since the RAPWG did
not achieve consensus on these recommendations, the GNSO Council defers undertaking
further policy work on these recommendations at this time.
RESOLVED, in response to Gripe
Sites; Deceptive and/or Offensive Domain Names recommendation #1, the GNSO
Council acknowledges receipt of this recommendation, and agrees with the RAPWG
that no further action is called for at this time.
Sincerely,
Zahid
Jamil
Barrister-at-law
Jamil
& Jamil
Barristers-at-law
219-221
Central Hotel Annexe
Merewether
Road, Karachi. Pakistan
Cell:
+923008238230
Tel:
+92 21 35680760 / 35685276 / 35655025
Fax:
+92 21 35655026
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