<<Most registrars, including GoDaddy before this change, already had a catch all provision prohibiting the registrant from using the domain for "illegal" conduct. >> True, but this was subject to wild interpretation. By enumerating the specifics as now mandated by U.S. law (and law elsewhere) warning is given up-front to the potential criminal registrant and immediate cause given to the Registrar. The problem here is that illicit online pharmacy is a rather specific menace, contributes to DNS/registration fraud, infringes on IP, and threatens public health. <<The harder question, not addressed in the post, is what constitutes evidence of something prohibited by the terms of service.>> In this specific case it is pretty well defined: Domains that offer prescription medications without a prescription. This is the cornerstone of the illicit online pharma market and why Godaddy's policy is changing the game.

-------- Original Message -------- Subject: RE: [NA-Discuss] Online Drug Traffic and Registrar Policy From: "Bret Fausett" <bfausett@internet.law.pro> Date: Mon, December 14, 2009 4:13 pm To: "'Garth Bruen at KnujOn'" <gbruen@knujon.com>, <na-discuss@atlarge-lists.icann.org>

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This is one of the smartest moves I have seen from a Registrar in terms of cybercrime and they should be lauded for it. Every Registrar should make this language part of their TOS.... Most registrars, including GoDaddy before this change, already had a catch all provision prohibiting the registrant from using the domain for "illegal" conduct. The harder question, not addressed in the post, is what constitutes evidence of something prohibited by the terms of service. I suspect that a process by which registrars could be assured of the authenticity of evidence and the merits of claims of illegality would be the most effective way of making the changes you are proposing. Bret