June 2010 - NA-Discuss - lists.icann.org

At-Large View on ICANN Accountability and Transparency
by ICANN At-Large Staff June 16, 2010

June 16, 2010

Dear All, ALAC Chair Cheryl Langdon-Orr, who is also a member of the Accountability and Transparency Review Team (ATRT) is asking for your input to this discussion. Under the following URL you can find background information on the ATRT as well as an “issues”/”suggestions” box where you can directly add your thoughts on the ATRT: https://st.icann.org/alac/index.cgi?at_large_workspace_on_the_accountabilit… The ten initial questions which the ATRT recently submitted for community feedback are of particular input for this discussion. (see http://www.icann.org/en/reviews/affirmation/community-questions-18may10-en.…) Your input will be a vital contribution to the At-Large working lunch on ICANN’s Accountability and Transparency Review in Brussels on Sunday. Thank you ! -- Regards, Heidi Ullrich, Matthias Langenegger, Seth Greene, Gisella Gruber-White, Marilyn Vernon, Kristina Nordström ICANN At-Large Staff email: staff[at]atlarge.icann.org website: www.atlarge.icann.org

1 0

At-Large View on ICANN's FY11 Budget
by ICANN At-Large Staff June 16, 2010

June 16, 2010

Dear All, This is to remind you about the At-Large meeting with ICANN CFO Kevin Wilson during the Brussels meeting. The meeting with Kevin will provide a unique opportunity for At-Large to raise issues of concerns with regards to ICANN budget for fiscal year 11. To prepare this discussion, we created a community workspace on the Draft Budget for Financial Year 2011. Please add your questions, thoughts and comments on the draft budget directly in the comment box under: https://st.icann.org/alac/index.cgi?workspace_on_fy11_operating_plan_and_bu… You will also find additional information about the draft budget for 2011 as well as links to previous statements and discussions on this workspace. -- Regards, Heidi Ullrich, Matthias Langenegger, Seth Greene, Gisella Gruber-White, Marilyn Vernon, Kristina Nordström ICANN At-Large Staff email: staff[at]atlarge.icann.org website: www.atlarge.icann.org

1 0

Summary Minutes NARALO Teleconference 14 June 2010
by ICANN At-Large Staff June 15, 2010

June 15, 2010

Dear All, The summary minutes and action items from yesterday’s conference call have been posted under: https://st.icann.org/naralo/index.cgi?14_june_2010 The summary minutes are also attached below. -- Regards, Heidi Ullrich, Matthias Langenegger, Seth Greene, Gisella Gruber-White, Marilyn Vernon, Kristina Nordström ICANN At-Large Staff email: staff[at]atlarge.icann.org website: www.atlarge.icann.org Present: Annalisa Rice, Beau Brendler, Alan Greenberg, Darlene Thompson, Matthias, Joly MacFie, Gareth Shearman, Garth Bruen, Seth Reiss, Alan Skuce, Eduardo Diaz Standing Issues: 1. Roll Call (2 minutes) 2. Review of Summary Minutes 10 May 2010 <https://st.icann.org/naralo/index.cgi?summary_minutes_10_may_2010> and Action Items 10 May 2010 <https://st.icann.org/naralo/index.cgi?action_items_10_may_2010> (5 minutes) - Adopted - Brochure has gone to the printers 3. Open Public Consultations (5 minutes) a. At-Large Policy Advice Development Schedule b. ALAC Statements are being prepared for the following consultations: * RSSAC Review – Draft Working Group Report (ends 5 June 10) * Draft FY11 Operating Plan and Budget (ends 25 June 10) * Questions to the Community on Accountability and Transparency within ICANN (ends 1 July10) * DNS-CERT Operational Requirements & Collaboration Analysis Workshop (ends 2 July 10) * Meetings for the Next Decade, Stage One (ends 5 July 10) Honolulu Location for next North American meeting – the Honolulu Tourist Board has done everything they can do to get themselves considered. Usually ICANN puts out RFPs for locations for meetings several years in advance. Due to on-going discussion as to what types of meetings we should be having, ICANN delayed the process for the 2011 meetings. So, at this point there is no call out and we have a meeting up-coming fairly quickly and we have no idea where it is. * Registrar Accreditation Agreement (RAA) Subsection 3.7.7.3 (ends July 9) (The ALAC will work on a draft statement on this consultation in Brussels. All regional representatives are asked to come to Brussels prepared to work on the statement) - Beau is taking the lead on this. Proposed Agenda Items 4. Presentation and Discussion on latest Whois Report (Garth)(10 mins) See Presentation of KnujOn study on registrar compliance <https://st.icann.org/data/workspaces/naralo/attachments/14_june_2010:201006…> (PPT) Garth gave a presenation on the KnujOn study on registrar compliance. Beau: Thank you. To me this sounds like a realistic depiction of the registrar situation. However, what we get from ICANN's compliance department sounds different. Alan: until about a year ago ICANN did basically nothing on compliance. I have never heard compliance say that they are actively ensuring compliance. I am shocked about the results of the KnujOn study, but not surprised. Gareth: David Giza gave a presentation in Mexico where he assured that ICANN will take compliance more serious. Joly: maybe we should submit an ALAC statement on this Garth: I will send out a document before the study is released, probably Friday. Beau: I will volunteer on that 5. Update on the ALS Survey 2010 (Darlene)(10 mins) The global ALS Survey closed 24 May. a. ALS Survey Analysis Working Group - Next Steps Background information: Presenation Results NARALO <https://st.icann.org/data/workspaces/naralo/attachments/14_june_2010:201006…> (PPT) Survey Stats Questions on the ALS Survey ALS Survey Schedule At Large Board Member – Any process carried out by RALOs in selecting a board member must be squeaky clean in the way of process and be auditable. We need a 50% quorum. We are barely getting that now for surveys and such. Beau will follow up with ALSs that are inactive. 6. Brussels Meeting Activities (Evan, Beau, Alan, Gareth)(10 mins) a. At-Large Meeting Agendas and Remote Participation Information i. Click here for the schedule of At-Large Meetings in Brussels 7. Update on the At-Large Board Selection process (Annalisa, Myles)(5 minutes) a. Activities of the Board Candidate Evaluation Committee (BCEC) Click here for the BCEC Workspace Annalisa: They are just ready to put out the call for SOIs. The idea was to get that out before the Brussels meeting. If anybody in NARALO is interested, they need to put their names forward. b. Next Steps 8. Update on Draft FY11 Operating Plan and Budget (Gareth)(5 mins) See Community Call on Draft FY11 Operating Plan and Budget 10 June 2010 (with Kevin Wilson) Gareth: The Budget Committee seems to be making some small progress but its slow. They are still fighting to have more regional meetings in the North American meeting. We have progressed from the days when we were told to never mind about the budget process to now having a say in it. 9. Recent and Upcoming Activities of ALAC (Alan, Beau, Gareth) (10 mins) 10. Recent/Upcoming activities of NARALO members (all)(5 mins) 11. Any other Business (5 mins) Individual Member Issue – We need to discuss this further. First we need to determine who our individual ALS members are. Darlene will do that. Darlene and Alan will then draft an e-mail to them to figure out their status. Turnover at ICANN – Doug Brent, Nick and Keiran are all gone. Is this a single thing or several separate issues? Alan feels that they are separate issues. This can be further discussed in Brussels. Meeting Adjourned: 4:03 pm

1 0

ALS Survey database
by Matthias Langenegger June 14, 2010

June 14, 2010

Hi Annalisa, The credentials to participate in the ALS Survey were sent to zaid(a)sfbayisoc.org. According to our record, Zaid is the main contact person at ISOC San Francisco. Please let us know in case this information needs to be changed. Best Regards, -- Matthias Langenegger Manager, At-Large Regional Affairs Internet Corporation for Assigned Names and Numbers (ICANN) Email: matthias.langenegger(a)icann.org Main Tel: +41 (79) 644 65 35 Fax: +41 (22) 594 85 44 Skype ID: matthiaslangenegger

1 0

REMINDER: NARALO Teleconference: Mon, 14 June 19:00 UTC
by ICANN At-Large Staff June 14, 2010

June 14, 2010

Dear All, The next NARALO teleconference is scheduled for Monday, 14 June 2010 at 1900 UTC. The agenda (to be updated) and call details can be found at: https://st.icann.org/naralo/index.cgi?14_june_2010 If you are unable to attend the call please send an email indicating your absence and we will note this information on the agenda. If you require a dial-out please contact At-Large staff at: staff(a)atlarge.icann.org. -- Regards, Heidi Ullrich, Matthias Langenegger, Seth Greene, Gisella Gruber-White, Marilyn Vernon, Kristina Nordström ICANN At-Large Staff email: staff(a)atlarge.icann.org website: www.atlarge.icann.org

1 0

Re: [NA-Discuss] [ALAC-Internal] RAA subsection 3.7.7.3, fraud and liability
by Alan Greenberg June 10, 2010

June 10, 2010

(I'm not sure why this message was , in part, directed at the ALAC Internal list since it is also sent to NA-Discuss, a very not-private list, but regardless...) Beau, As I read it, the answer is very clear and the draft advisory makes it clearer. OS Portfolio Holdings *IS* the registrant of record and has full liability unless they promptly point to someone else (with valid, usable contact information) that they have licensed the name to. Alan At 10/06/2010 02:34 PM, Beau Brendler wrote: >Regarding the draft advisory on RAA subsection 3.7.7.3 >[http://www.icann.org/en/compliance/reports/draft-advisory-raa-3773-14may10-…] >which is on the at-large agenda for discussion in Brussels, >specifically the statement: > >"the Registered Name Holder shall accept liability for harm caused >by the wrongful use of the registered name unless the Registered >Name Holder promptly identifies the licensee to a party that has >provided the Registered Name Holder with reasonable evidence of >actionable harm." > >Does this apply to subdomains? For instance, in >http://www.walletpop.com/blog/2010/06/02/three-charged-in-xp-antispyware-20… > >it's noted that bsa.safetydownload.com was a vector for serious >malware downloads that cost consumers around the world more than >$100 million. The domain is still up and functioning, though you >will probably have to turn off firewalls to access it, which I >wouldn't recommend. > >What is the chain of liability now and under 3.7.7.3? The >registrant, OS Portfolio Holdings, a domainer? The registrar, Bear >Trap Domains (which is/was ICANN accredited, but now appears to be >taken over by Oversee.net [http://www.oversee.net/] which also now >happens to own OS Portfolio? Is this a hijacked subdomain with no trail? > >_______________________________________________ >ALAC-Internal mailing list >ALAC-Internal(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/alac-internal_atlarge-lists… > >ALAC Wiki: http://st.icann.org/alac >At-Large Website: http://atlarge.icann.org

2 2

Re: [NA-Discuss] [icann-ccg-ca] RE: RAA subsection 3.7.7.3, fraud and liability
by Beau Brendler June 10, 2010

June 10, 2010

Kristina wrote: "FWIW, the few US courts that have looked at this issue have taken the position that subdomains are beyond the scope of the AntiCybersquatting Consumer Protection Act." That's interesting. I will look for references as I would be interested to hear the explanation why. -----Original Message----- >From: "Rosette, Kristina" <krosette(a)cov.com> >Sent: Jun 10, 2010 3:53 PM >To: Wendy Seltzer <wendy(a)seltzer.com>, Beau Brendler <beaubrendler(a)earthlink.net> >Cc: icann-ccg-ca(a)n4c.eu, ALAC Internal List <alac-internal(a)atlarge-lists.icann.org>, na-discuss(a)atlarge-lists.icann.org >Subject: [icann-ccg-ca] RE: [NA-Discuss] RAA subsection 3.7.7.3, fraud and liability > >Wendy: ICANN isn't imposing the liability. The relevant provision goes >to the circumstance under which the RNH accepts liability for the acts >of its licensee. Whether there is any liability in the first instance is >independent of this provision and not part of the RAA. > >3.7.7.3 of the RAA reads (and has since the original iteration), in >part: A Registered Name Holder licensing use of a Registered Name >according to this provision shall accept liability for harm caused by >wrongful use of the Registered Name, unless it promptly discloses the >current contact information provided by the licensee and the identity of >the licensee to a party providing the Registered Name Holder reasonable >evidence of actionable harm. > >Beau: FWIW, the few US courts that have looked at this issue have taken >the position that subdomains are beyond the scope of the >AntiCybersquatting Consumer Protection Act. It seems to me 3.7.7.3 >would apply (if at all and all other conditions satisfied) to the >registrant of the second-level name. > >K > > >-----Original Message----- >From: na-discuss-bounces(a)atlarge-lists.icann.org >[mailto:na-discuss-bounces@atlarge-lists.icann.org] On Behalf Of Wendy >Seltzer >Sent: Thursday, June 10, 2010 3:43 PM >To: Beau Brendler >Cc: icann-ccg-ca(a)n4c.eu; ALAC Internal List; >na-discuss(a)atlarge-lists.icann.org >Subject: Re: [NA-Discuss] RAA subsection 3.7.7.3, fraud and liability > >I'd say this is an overextension of ICANN's mandate. Who is ICANN to >impose legal liability on registrants for uses of their domains (as >opposed to for breaches of the contract with the registrar/registry)? > >--Wendy > >Beau Brendler wrote: >> Regarding the draft advisory on RAA subsection 3.7.7.3 >[http://www.icann.org/en/compliance/reports/draft-advisory-raa-3773-14ma >y10-en.pdf], which is on the at-large agenda for discussion in Brussels, >specifically the statement: >> >> "the Registered Name Holder shall accept liability for harm caused by >the wrongful use of the registered name unless the Registered Name >Holder promptly identifies the licensee to a party that has provided the >Registered Name Holder with reasonable evidence of actionable harm." >> >> Does this apply to subdomains? For instance, in >> http://www.walletpop.com/blog/2010/06/02/three-charged-in-xp-antispywa >> re-2010-fraud-fbi-says-100m-lost/ >> >> it's noted that bsa.safetydownload.com was a vector for serious >malware downloads that cost consumers around the world more than $100 >million. The domain is still up and functioning, though you will >probably have to turn off firewalls to access it, which I wouldn't >recommend. >> >> What is the chain of liability now and under 3.7.7.3? The registrant, >OS Portfolio Holdings, a domainer? The registrar, Bear Trap Domains >(which is/was ICANN accredited, but now appears to be taken over by >Oversee.net [http://www.oversee.net/] which also now happens to own OS >Portfolio? Is this a hijacked subdomain with no trail? >> >> ------ >> NA-Discuss mailing list >> NA-Discuss(a)atlarge-lists.icann.org >> http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lis >> ts.icann.org >> >> Visit the NARALO online at http://www.naralo.org >> ------ >> >> > > >-- >Wendy Seltzer -- wendy(a)seltzer.org >phone: +1.914.374.0613 >Fellow, Silicon Flatirons Center at University of Colorado Law School >Fellow, Berkman Center for Internet & Society at Harvard University >http://cyber.law.harvard.edu/seltzer.html >http://www.chillingeffects.org/ >https://www.torproject.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 >------

1 0

RAA subsection 3.7.7.3, fraud and liability
by Beau Brendler June 10, 2010

June 10, 2010

Regarding the draft advisory on RAA subsection 3.7.7.3 [http://www.icann.org/en/compliance/reports/draft-advisory-raa-3773-14may10-…] which is on the at-large agenda for discussion in Brussels, specifically the statement: "the Registered Name Holder shall accept liability for harm caused by the wrongful use of the registered name unless the Registered Name Holder promptly identifies the licensee to a party that has provided the Registered Name Holder with reasonable evidence of actionable harm." Does this apply to subdomains? For instance, in http://www.walletpop.com/blog/2010/06/02/three-charged-in-xp-antispyware-20… it's noted that bsa.safetydownload.com was a vector for serious malware downloads that cost consumers around the world more than $100 million. The domain is still up and functioning, though you will probably have to turn off firewalls to access it, which I wouldn't recommend. What is the chain of liability now and under 3.7.7.3? The registrant, OS Portfolio Holdings, a domainer? The registrar, Bear Trap Domains (which is/was ICANN accredited, but now appears to be taken over by Oversee.net [http://www.oversee.net/] which also now happens to own OS Portfolio? Is this a hijacked subdomain with no trail?

5 4

Re: [NA-Discuss] NARALO Call
by Garth Bruen at KnujOn June 9, 2010

June 9, 2010

It's only going to get worse > -------- Original Message -------- > Subject: Re: [NA-Discuss] NARALO Call > From: Evan Leibovitch <evan(a)telly.org> > Date: Wed, June 09, 2010 1:35 pm > To: Garth Bruen at KnujOn <gbruen(a)knujon.com> > Cc: beaubrendler(a)earthlink.net, staff(a)atlarge.icann.org, > na-discuss(a)atlarge-lists.icann.org > > > On 9 June 2010 12:25, Garth Bruen at KnujOn <gbruen(a)knujon.com> wrote: > Sure > Actually, Garth, I had you in mind to advance as the At-Large person > on that committee. I can't think of a better person to hold the rest > of 'em accountable with facts to back up your POV. > - Evan

1 0

Re: [NA-Discuss] NARALO Call
by Garth Bruen at KnujOn June 9, 2010

June 9, 2010

Sure > -------- Original Message -------- > Subject: Re: [NA-Discuss] NARALO Call > From: Beau Brendler <beaubrendler(a)earthlink.net> > Date: Wed, June 09, 2010 12:21 pm > To: Garth Bruen at KnujOn <gbruen(a)knujon.com>, > matthias.langenegger(a)icann.org > Cc: staff(a)atlarge.icann.org, na-discuss(a)atlarge-lists.icann.org > > And I may be filling in for Evan who could be in transit at the time of the call -- but in either case, I think he and I would be interested in Garth giving a presentation of 5-10 minutes on this latest report on WHOIS, especially considering the at-large needs to name a representative to an oversight panel who will need to be able to present all sides of the issue. > > Garth, can do? > > > -----Original Message----- > >From: Garth Bruen at KnujOn <gbruen(a)knujon.com> > >Sent: Jun 9, 2010 10:20 AM > >To: matthias.langenegger(a)icann.org > >Cc: staff(a)atlarge.icann.org, na-discuss(a)atlarge-lists.icann.org > >Subject: Re: [NA-Discuss] NARALO Call > > > >Thanks for the quick answer > > > > > >> -------- Original Message -------- > >> Subject: Re: NARALO Call > >> From: Matthias Langenegger <matthias.langenegger(a)icann.org> > >> Date: Wed, June 09, 2010 10:08 am > >> To: Garth Bruen at KnujOn <gbruen(a)knujon.com>, ICANN At-Large Staff > >> <staff(a)atlarge.icann.org> > >> Cc: "na-discuss(a)atlarge-lists.icann.org" > >> <na-discuss(a)atlarge-lists.icann.org> > >> > >> Dear Garth, > >> > >> The next NARALO call is scheduled on Monday, June 14th at 1900 UTC. The > >> draft agenda will soon be published under > >> https://st.icann.org/naralo/index.cgi?14_june_2010 > >> > >> Kind Regards, > >> > >> -- > >> Matthias Langenegger > >> Manager, At-Large Regional Affairs > >> Internet Corporation for Assigned Names and Numbers (ICANN) > >> > >> Email: matthias.langenegger(a)icann.org > >> Main Tel: +41 (79) 644 65 35 > >> Fax: +41 (22) 594 85 44 > >> Skype ID: matthiaslangenegger > >> > >> > >> > >> On 09/06/2010 16:03, "Garth Bruen at KnujOn" <gbruen(a)knujon.com> wrote: > >> > >> > Do we have a call before Brussels? > >> > > >> > > >> >

2 1