Dear WG members,

Here is the proposed agenda for the next WG call on Tuesday 12 August 2014; please also note the additional notes below:

1. Roll Call/Updates to SOI
2. Commence discussions on Charter Question E-2 (based on draft template of 16 July 2014)
3. [if time permits] Discuss remaining issues from E-1 (based on summary document circulated on 8 August 2014)
4. [if time permits] Commence discussions on F-1 (template to be circulated)
5. Next steps

ADDITIONAL NOTES:

• Because WG deliberations on E-1 may affect conclusions on E-1, the WG Chairs would like to proceed with the E-2 discussions on our next call.
• Please continue to send comments and thoughts on E-1 (summary document attached here for your convenience) to the mailing list, to supplement the oral discussions we’ve had so far and going into the next meeting.
• For your added convenience, please find below the language from Specification 3 of the PIC for the New gTLD Registry Agreement, and the GAC’s recommended safeguards from its Beijing Communique, which this WG agreed in its preliminary conclusions on D-4 could be a starting point for what constitutes“malicious conduct”. As noted previously, these may be helpful to ongoing discussions of “illegal activity” and “abuse in Category E:

(1) Safeguard 2, Annex 1 of the GAC’s Beijing Communique (April 2013) states that “Registry operators will ensure that terms of use for registrants include prohibitions against the distribution of malware, operation of botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law.”

(2) Section 3 of the Public Interest Commitments (PIC) Specification in the New gTLD Registry Agreement states that: “Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name.” 

Thanks and cheers

Mary

Mary Wong

Senior Policy Director

Internet Corporation for Assigned Names & Numbers (ICANN)

Telephone: +1 603 574 4892

Email: mary.wong@icann.org