September 2009 - NA-Discuss

Re: [NA-Discuss] Lodging a complaint with the ICANN Ombudsman (previous attempt blocked by moderator)
by Garth Bruen at KnujOn Sept. 8, 2009

Sept. 8, 2009

Evan, We were promised change. It seems NOTHING has changed. I am personally offended by this due the treatment Rudi and I received during our presentation in Mexico city. Our presentation was disrupted by Registrars who at first refused to identify themselves. When one finally did identify himself he did so as "Rob Hall of Momentus." It was only after the meeting I discovered Rob Hall is the CEO of NameScout(why did he leave that detail out?) which has at least 93 accreditations (again, WHY?). Mr. Hall accused Rudi and I of not being constructive or not working with the Registrars. Mr. Hall said we could have come to ANY Registrar meeting to discuss our problems. We knew then it wasn't true and now we are sure of it. If I'm not mistaken Danny Younger questioned the many many accreditations of NameScout and never got an answer. We still have many unanswered questions about "Acquire This Name, INC.", an apparent shell company controlled by eNom acting as a reseller with anonymous ownership (http://www.knujon.com/Acquire_This_Name.pdf) We've been told many times to "back off" the Registrars, apparently so this business can continue in secret. 100% on board with the complaint. -Garth ------------------------------------- Collect, analyze, enforce, repeat... Garth Bruen gbruen(a)knujon.com http://www.knujon.com http://www.linkedin.com/pub/4/149/724 Tentative Presentations: Global Cyber Security Expo http://cyberexpo.memphis.edu/ > -------- Original Message -------- > Subject: [NA-Discuss] Lodging a complaint with the ICANN Ombudsman > From: Evan Leibovitch <evan(a)telly.org> > Date: Tue, September 08, 2009 11:12 am > To: NA Discuss <na-discuss(a)atlarge-lists.icann.org>, Stacy Hoffberg > <stacy.hoffberg(a)icann.org> > Hello fellow NARALOers, > I would like to ask for the help -- or at least the endorsement -- of > others within NARALO regarding the lodging of a complaint with the ICANN > Ombudsman. > It's regarding the fact that ICANN regional meetings for registrars and > registries are closed to the public, specifically the one that was > recently held in Toronto. > At first I thought this was simply an issue of notification -- that > ICANN staff deliberately withheld meeting notice. I sent a message to > the ALAC mailing list in this regard -- if you don't have the old mail > you can find it archived at > http://atlarge-lists.icann.org/pipermail/alac_atlarge-lists.icann.org/2009/… > Today I found out that it was worse than that -- that an ICANN-savvy > person, Richard Sexton, was at the meeting but forcably removed (ie, > ICANN staff called security). The details on this are at Richard's > website: > http://rs79.vrx.net/works/observations/dns/events/icann/meetings/toronto/ > I have received an email from Craig Schwartz, who ran the meeting, with > a personal committment to do better in the future. I requested that such > a commitment be made public but have not heard any response yet. > Repeated emails and phone calls to Stacy -- and even a plea with Nick, > when he was down in California, to ask her to call me, have been unanswered. > The new knowledge -- that the only member of the public to show up at > the meeting was forcably evicted -- makes this more than an error of > omission, and significantly more serious than I originally alleged. > I would like the input of others here, especially those with some ICANN > history who can offer some advice. I'm getting more angry about this > rather than less. Right now my intent is to enlist the help of a few > people here to help create the complaint, then to get it endorsed by > NARALO, and hopefully other regions and/or ALAC. > - Evan > ------ > NA-Discuss mailing list > NA-Discuss(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > Visit the NARALO online at http://www.naralo.org > ------

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Re: [NA-Discuss] Lodging a complaint with the ICANN Ombudsman
by Garth Bruen at KnujOn Sept. 8, 2009

Sept. 8, 2009

Or, we could all file our own > -------- Original Message -------- > Subject: Re: [NA-Discuss] Lodging a complaint with the ICANN Ombudsman > From: Evan Leibovitch <evan(a)telly.org> > Date: Tue, September 08, 2009 12:09 pm > To: Danny Younger <dannyyounger(a)yahoo.com> > Cc: DarleneThompson <DThompson(a)gov.nu.ca>, NA Discuss > <na-discuss(a)atlarge-lists.icann.org> > Thanks for the quick answers from Danny, Darlene and Eduardo. I still > hope to hear from more of you. > I've removed Stacy from the Cc list. She's now well aware of what's > going on. > I've been to the Ombudsman's complaint form > (https://omb.icann.org/portal/complaint.php) It appears intended to > accept complaints from individuals, not organized bodies. And its form > doesn't seem to allow more than small spaces for details, so I might > just mail it to Frank directly. > - Evan > ------ > NA-Discuss mailing list > NA-Discuss(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > Visit the NARALO online at http://www.naralo.org > ------

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Re: [NA-Discuss] Lodging a complaint with the ICANN Ombudsman
by Garth Bruen at KnujOn Sept. 8, 2009

Sept. 8, 2009

Evan, We were promised change. It seems NOTHING has changed. I am personally offended by this due the treatment Rudi and I received during our presentation in Mexico city. Our presentation was disrupted by Registrars who at first refused to identify themselves. When one finally did identify himself he did so as "Rob Hall of Momentus." It was only after the meeting I discovered Rob Hall is the CEO of NameScout(why did he leave that detail out?) which has at least 93 accreditations (again, WHY?). Mr. Hall accused Rudi and I of not being constructive or not working with the Registrars. Mr. Hall said we could have come to ANY Registrar meeting to discuss our problems. We knew then it wasn't true and now we are sure of it. If I'm not mistaken Danny Younger questioned the many many accreditations of NameScout and never got an answer. We still have many unanswered questions about "Acquire This Name, INC.", an apparent shell company controlled by eNom acting as a reseller with anonymous ownership (http://www.knujon.com/Acquire_This_Name.pdf) We've been told many times to "back off" the Registrars, apparently so this business can continue in secret. 100% on board with the complaint. -Garth ------------------------------------- Collect, analyze, enforce, repeat... Garth Bruen gbruen(a)knujon.com http://www.knujon.com http://www.linkedin.com/pub/4/149/724 Tentative Presentations: Global Cyber Security Expo http://cyberexpo.memphis.edu/ > -------- Original Message -------- > Subject: [NA-Discuss] Lodging a complaint with the ICANN Ombudsman > From: Evan Leibovitch <evan(a)telly.org> > Date: Tue, September 08, 2009 11:12 am > To: NA Discuss <na-discuss(a)atlarge-lists.icann.org>, Stacy Hoffberg > <stacy.hoffberg(a)icann.org> > Hello fellow NARALOers, > I would like to ask for the help -- or at least the endorsement -- of > others within NARALO regarding the lodging of a complaint with the ICANN > Ombudsman. > It's regarding the fact that ICANN regional meetings for registrars and > registries are closed to the public, specifically the one that was > recently held in Toronto. > At first I thought this was simply an issue of notification -- that > ICANN staff deliberately withheld meeting notice. I sent a message to > the ALAC mailing list in this regard -- if you don't have the old mail > you can find it archived at > http://atlarge-lists.icann.org/pipermail/alac_atlarge-lists.icann.org/2009/… > Today I found out that it was worse than that -- that an ICANN-savvy > person, Richard Sexton, was at the meeting but forcably removed (ie, > ICANN staff called security). The details on this are at Richard's > website: > http://rs79.vrx.net/works/observations/dns/events/icann/meetings/toronto/ > I have received an email from Craig Schwartz, who ran the meeting, with > a personal committment to do better in the future. I requested that such > a commitment be made public but have not heard any response yet. > Repeated emails and phone calls to Stacy -- and even a plea with Nick, > when he was down in California, to ask her to call me, have been unanswered. > The new knowledge -- that the only member of the public to show up at > the meeting was forcably evicted -- makes this more than an error of > omission, and significantly more serious than I originally alleged. > I would like the input of others here, especially those with some ICANN > history who can offer some advice. I'm getting more angry about this > rather than less. Right now my intent is to enlist the help of a few > people here to help create the complaint, then to get it endorsed by > NARALO, and hopefully other regions and/or ALAC. > - Evan > ------ > NA-Discuss mailing list > NA-Discuss(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > Visit the NARALO online at http://www.naralo.org > ------

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Re: [NA-Discuss] FW: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013
by Beau Brendler Sept. 8, 2009

Sept. 8, 2009

I voted against it in something of a bureaucratic protest, in that, when I went in to read the vote language, I couldn't understand it. I made this comment in the vote comment field, and by the time I voted I saw that it was going to pass. -----Original Message----- >From: "Thompson, Darlene" <DThompson(a)GOV.NU.CA >Sent: Sep 4, 2009 10:25 AM >To: na-discuss(a)atlarge-lists.icann.org >Subject: [NA-Discuss] FW: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013 > >Hi there, > >I must be the first to admit that I haven't been following the whole Meeting Dates thing. I was just wondering, Beau, why you voted against it? Is this something that our region needs to be concerned about (like being missed again)? > >D > >Darlene A. Thompson >Community Access Program Administrator >Nunavut Dept. of Education / N-CAP >P.O. Box 1000, Station 910 >Iqaluit, NU X0A 0H0 >Phone: (867) 975-5631 >Fax: (867) 975-5610 >E-mail: dthompson(a)gov.nu.ca > >-----Original Message----- >From: alac-announce-bounces(a)atlarge-lists.icann.org [mailto:alac-announce-bounces@atlarge-lists.icann.org] On Behalf Of At-Large Staff >Sent: Thursday, September 03, 2009 4:49 AM >To: alac-announce(a)atlarge-lists.icann.org >Subject: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013 > >Dear all, > >With 11 out of 15 ALAC Members having voted in the recent vote on the >Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013, we can >confirm that the result is quorate. > >******************** >Motion: Do you support the ratification of the Advisory on ICANN Meeting >Dates/Geographic Rotation 2011-2013 for communication to the Board of ICANN? > >As at Poll close: Wednesday 02 September 2009 23:59 UTC >Number of voters: 11 · Electorate size: 15 · Percentage voted: 73.33 > >Yes: 9 (81.82%) >Jose Ovidio Salgueiro, Adam Peake, Patrick Vande Walle, Sébastien Bachollet, >Vanda Scartezini, Cheryl Langdon-Orr, VC Vivekanadan, Gareth Shearman, Thu >Hue Nguyen > >No: 1 (9.09%) >Beau Brendler > >Abstain: 1 (9.09%) >Hawa Diakite > >******************** >You may verify the results independently under: >https://www.bigpulse.com/pollresults?code=CvDk4wwNR9B6c7u7pTC4 > >When announcing the results of voting, we have been requested by the Chair >to provide a listing of those who have not voted. Accordingly, we can >confirm that the following ALAC members did not participate in the >balloting: > >Carlos Aguirre >Mohamed El Bashir >Alan Greenberg >Fatimata Seye Sylla > >As per decision of the ALAC during its August 25th meeting, the Board >Advisory has already been transmitted to the ICANN Board of Directors >accompanied by a note indicating that the ratification was still pending. > >Regards, > >Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White >ICANN At-Large Staff >email: staff at atlarge.icann.org > >_______________________________________________ >ALAC-Announce mailing list >ALAC-Announce(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/alac-announce_atlarge-lists… > >At-Large Official Site: http://atlarge.icann.org > >------ >NA-Discuss mailing list >NA-Discuss(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > >Visit the NARALO online at http://www.naralo.org >------

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ICANN & the theory of contributory liability for trademark infringement
by Danny Younger Sept. 7, 2009

Sept. 7, 2009

I read a recent article entitled "Web hosters ordered to pay $32M for contributing to trademark infringement" (1) that notes a jury award against two hosting companies that knowingly allowed several Web sites they hosted to sell products that infringed Louis Vuitton's copyrights and trademarks. This decision is cited as the first successful application on the Internet of the theory of contributory liability for trademark infringement. Under this theory, companies that know, or should know, that they are enabling illegal activities have an obligation to remedy the situation. This brings me to the topic of registrars and proxy services. It's no secret that some registrars have set up proxy services knowing full well that miscreants often will hide behind such services. At issue then is the nature of a registrar's obligation (and perhaps ICANN's obligation) under law to properly remedy the situation. What are the parameters of that obligation? We are now starting to see this issue play out in other court environments;in the recent lawsuit between TransAmerica and Moniker the following claim has been made: "Plaintiff also alleges that Moniker Online knows or is willfully blind to the fact that its customers are fictitious entities and anonymous individuals engaged in trademark and service mark counterfeiting but, in reckless disregard of that fact, continues to provide registration services to them, to conceal their identities, and to act as their authorized licensee, and/or otherwise in concert with them, in a scheme to “monetize” their counterfeit domain names and profit jointly from the deceptive advertising that appears at these counterfeit websites. The result is a business model that facilitates massive trademark counterfeiting, endangers consumers by concealing the origin and source of financial services advertised and sold on the Internet, and produces a plethora of counterfeit websites.." (2) Without commenting on the specifics of this particular case (IANAL), it does seem to me that as a community we have an obligation to lay out a policy to better govern the proxy registration process. I look forward to your views on the topic. regards, Danny (1) http://www.computerworld.com/s/article/9137385/Web_hosters_ordered_to_pay_3… (2) http://domainnamewire.com/wp-content/transamerica-amended-complaint.pdf

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Re: [NA-Discuss] FW: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013
by Alan Greenberg Sept. 4, 2009

Sept. 4, 2009

I missed the vote due to travel, but if I had managed to vote, I would have abstained. The statement included issues that I felt were not relevant to the questions asked. Alan At 04/09/2009 10:40 AM, Beau Brendler wrote: >I voted against it in something of a >bureaucratic protest, in that, when I went in to >read the vote language, I couldn't understand >it. I made this comment in the vote comment >field, and by the time I voted I saw that it was >going to pass. -----Original Message----- >From: >"Thompson, Darlene" <DThompson(a)GOV.NU.CA >Sent: >Sep 4, 2009 10:25 AM >To: >na-discuss(a)atlarge-lists.icann.org >Subject: >[NA-Discuss] FW: [ALAC-Announce] VOTE RESULT: >ALAC Vote on the Advisory on ICANN Meeting >Dates/Geographic Rotation 2011-2013 > >Hi >there, > >I must be the first to admit that I >haven't been following the whole Meeting Dates >thing. I was just wondering, Beau, why you >voted against it? Is this something that our >region needs to be concerned about (like being >missed again)? > >D > >Darlene A. >Thompson >Community Access Program >Administrator >Nunavut Dept. of Education / >N-CAP >P.O. Box 1000, Station 910 >Iqaluit, >NU X0A 0H0 >Phone: (867) 975-5631 >Fax: (867) >975-5610 >E-mail: >dthompson(a)gov.nu.ca > >-----Original >Message----- >From: >alac-announce-bounces(a)atlarge-lists.icann.org >[mailto:alac-announce-bounces@atlarge-lists.icann.org] >On Behalf Of At-Large Staff >Sent: Thursday, >September 03, 2009 4:49 AM >To: >alac-announce(a)atlarge-lists.icann.org >Subject: >[ALAC-Announce] VOTE RESULT: ALAC Vote on the >Advisory on ICANN Meeting Dates/Geographic >Rotation 2011-2013 > >Dear all, > >With 11 out >of 15 ALAC Members having voted in the recent >vote on the >Advisory on ICANN Meeting >Dates/Geographic Rotation 2011-2013, we >can >confirm that the result is >quorate. > >******************** >Motion: Do you >support the ratification of the Advisory on >ICANN Meeting >Dates/Geographic Rotation >2011-2013 for communication to the Board of >ICANN? > >As at Poll close: Wednesday 02 >September 2009 23:59 UTC >Number of voters: 11 >Â· Electorate size: 15 Â· Percentage voted: >73.33 > >Yes: 9 (81.82%) >Jose Ovidio >Salgueiro, Adam Peake, Patrick Vande Walle, >SÃ©bastien Bachollet, >Vanda Scartezini, Cheryl >Langdon-Orr, VC Vivekanadan, Gareth Shearman, >Thu >Hue Nguyen > >No: 1 (9.09%) >Beau >Brendler > >Abstain: 1 (9.09%) >Hawa >Diakite > >******************** >You may verify >the results independently >under: >https://www.bigpulse.com/pollresults?code >=CvDk4wwNR9B6c7u7pTC4 > >When announcing the >results of voting, we have been requested by the >Chair >to provide a listing of those who have >not voted. Accordingly, we can >confirm that the >following ALAC members did not participate in >the >balloting: > >Carlos Aguirre >Mohamed El >Bashir >Alan Greenberg >Fatimata Seye >Sylla > >As per decision of the ALAC during its >August 25th meeting, the Board >Advisory has >already been transmitted to the ICANN Board of >Directors >accompanied by a note indicating that >the ratification was still >pending. > >Regards, > >Nick Ashton-Hart, Heidi >Ullrich, Matthias Langenegger, Gisella >Gruber-White >ICANN At-Large Staff >email: staff >at >atlarge.icann.org > >____________________________ >___________________ >ALAC-Announce mailing >list >ALAC-Announce(a)atlarge-lists.icann.org >http >://atlarge-lists.icann.org/mailman/listinfo/alac-announce_atlarge-lists.icann.org > > >At-Large Official Site: >http://atlarge.icann.org > >------ >NA-Discuss >mailing >list >NA-Discuss(a)atlarge-lists.icann.org >http:// >atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.icann.org > > >Visit the NARALO online at >http://www.naralo.org >------ ------ NA-Discuss >mailing list NA-Discuss(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… >Visit the NARALO online at http://www.naralo.org ------

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FW: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013
by Thompson, Darlene Sept. 4, 2009

Sept. 4, 2009

Hi there, I must be the first to admit that I haven't been following the whole Meeting Dates thing. I was just wondering, Beau, why you voted against it? Is this something that our region needs to be concerned about (like being missed again)? D Darlene A. Thompson Community Access Program Administrator Nunavut Dept. of Education / N-CAP P.O. Box 1000, Station 910 Iqaluit, NU X0A 0H0 Phone: (867) 975-5631 Fax: (867) 975-5610 E-mail: dthompson(a)gov.nu.ca -----Original Message----- From: alac-announce-bounces(a)atlarge-lists.icann.org [mailto:alac-announce-bounces@atlarge-lists.icann.org] On Behalf Of At-Large Staff Sent: Thursday, September 03, 2009 4:49 AM To: alac-announce(a)atlarge-lists.icann.org Subject: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013 Dear all, With 11 out of 15 ALAC Members having voted in the recent vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013, we can confirm that the result is quorate. ******************** Motion: Do you support the ratification of the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013 for communication to the Board of ICANN? As at Poll close: Wednesday 02 September 2009 23:59 UTC Number of voters: 11 · Electorate size: 15 · Percentage voted: 73.33 Yes: 9 (81.82%) Jose Ovidio Salgueiro, Adam Peake, Patrick Vande Walle, Sébastien Bachollet, Vanda Scartezini, Cheryl Langdon-Orr, VC Vivekanadan, Gareth Shearman, Thu Hue Nguyen No: 1 (9.09%) Beau Brendler Abstain: 1 (9.09%) Hawa Diakite ******************** You may verify the results independently under: https://www.bigpulse.com/pollresults?code=CvDk4wwNR9B6c7u7pTC4 When announcing the results of voting, we have been requested by the Chair to provide a listing of those who have not voted. Accordingly, we can confirm that the following ALAC members did not participate in the balloting: Carlos Aguirre Mohamed El Bashir Alan Greenberg Fatimata Seye Sylla As per decision of the ALAC during its August 25th meeting, the Board Advisory has already been transmitted to the ICANN Board of Directors accompanied by a note indicating that the ratification was still pending. Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White ICANN At-Large Staff email: staff at atlarge.icann.org _______________________________________________ ALAC-Announce mailing list ALAC-Announce(a)atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac-announce_atlarge-lists… At-Large Official Site: http://atlarge.icann.org

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VOTE RESULT: NARALO Vote on Recommended North American NomCom Delegate
by At-Large Staff Sept. 1, 2009

Sept. 1, 2009

Dear all, With 11 out of 20 eligible NARALO Members having voted in the recent vote on the NARALO Recommendation for the North American NomCom delegate, we can confirm that the result is quorate. ********************* Recommended NARALO Delegates to the NomCom: Who should NARALO recommend that the ALAC appoint as the NomCom representative from the North American Region, for a term running from the end of the 2009 AGM to the end of the 2010 AGM? As at Poll close: Monday 31 August 2009 10:00 UTC Number of voters: 11 · Electorate size: 20 · Percentage voted: 55.00 Eduardo Diaz: 8 (72.73%) Glenn McKnight: 3 (27.27%) ********************* You may verify the results independently under: https://www.bigpulse.com/pollresults?code=rKD5U4qYsdx9q2xsHvsa ******************** NARALO Members who participated in the vote: John Levine Evan Leibovitch Gareth Shearman Seth Reiss Bev Collins Beau Brendler Glenn McKnight Sylvia Caras Randy Glass Eduardo Diaz Darlene Thompson ****************** NARALO Members who did not participate in the vote: Monique Chartrand Robert Guerra Garth Bruen David Solomonoff Stephen Soucy Ted Ernst Bret Fausett Louis Houle Michael Maranda -- Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White ICANN At-Large Staff email: staff at atlarge.icann.org

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