Re: [NA-Discuss] [ALAC-Internal] RAA subsection 3.7.7.3, fraud and liability
(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-e...], 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-201...
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?
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Alan Greenberg wrote:
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.
I don't know how you infer that the registrant has full liability, since the underlying law does not say that as a background condition. It's often an open question of fact and law, depending on particular circumstances, whether a registrant has any liability for things done with a name for which it is registrant of record. --Wendy
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-e...], 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-201...
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?
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-- Wendy Seltzer -- wendy@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/
At 10/06/2010 04:20 PM, Wendy Seltzer wrote:
Alan Greenberg wrote:
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.
I don't know how you infer that the registrant has full liability, since the underlying law does not say that as a background condition. It's often an open question of fact and law, depending on particular circumstances, whether a registrant has any liability for things done with a name for which it is registrant of record.
--Wendy
Sorry, the lack of a legal degree allows me to use shorthand. My intended meaning is exactly what is in the RAA: "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..."
participants (2)
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Alan Greenberg -
Wendy Seltzer