[Gnso-ppsai-pdp-wg] Carlton's closing chat question

John Horton john.horton at legitscript.com
Mon Jan 20 13:47:26 UTC 2014


I think that Holly's point is a valid one: we're at the point of asking
questions and soliciting feedback, if I understand it correctly. While
there may be varying viewpoints in this group regarding the utility, wisdom
and ease of distinguishing between commercial and non-commercial entities
using P/P services, it seems to me that some of the input we may receive in
response to those questions could assist this group in better understanding
why such a distinction is either a) good policy and practical or b) bad
policy and unworkable. As a matter of process, however, I would agree that
it is appropriate and useful to solicit that feedback from external
entities at this juncture.

John Horton
President, LegitScript



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On Mon, Jan 20, 2014 at 5:10 AM, Bob Bruen <bruen at coldrain.net> wrote:

>
> Hi Volker,
>
> I was merely responding to Stephanie's comments about the difficulties,
> not advocating a position.
>
> However, as you are aware, I do advocate barring commercial entities from
> using p/p, because the use has already caused harm and we should fix that.
> The providers created the problem in the first place, so allowing them to
> continue to control it simply continues the problem.
>
> The discussion of all this is the point of this group (and other groups).
>
>                    --bob
>
>
> On Mon, 20 Jan 2014, Volker Greimann wrote:
>
>  I agree that it would be possible to bar commercial entities from using
>> p/p services, however I am not sure it is the
>> sensible thing to do. Certainly, there is abuse, but by creating a
>> blanket prohibition, i fear more damage will be done to
>> legitimate interests than good is done to illegitimate ones.
>>
>> In the end it should be up to the provider which categories of clients it
>> accepts.
>>
>> Volker
>>
>>
>> Am 20.01.2014 02:08, schrieb Bob Bruen:
>>
>>       Hi Stephanie,
>>
>>       It is entirely possible to decide to bar commercial entities,
>> create a definition of "comercial entities" and
>>       then deal with those which appear to problematical.
>>
>>       The fraudsters probably will not be a set up as a legitimate
>> bussiness, but their sites can be identified as
>>       spam, malware, etc types and thus taking money, therefore a
>> business. I am sure there are other methods to deal
>>       with problem domain names.
>>
>>       In general, exceptions or problems should not derail a process.
>>
>>                             --bob
>>
>>       On Sun, 19 Jan 2014, Stephanie Perrin wrote:
>>
>>             I dont want to keep beating a dead horse here....but if there
>> is a resounding
>>             response of "yes indeed, bar commercial entities from using
>> P/P services", then
>>             how are you going to propose that p/p proxy service providers
>> determine who is a
>>             commercial entity, particularly in jurisdictions which have
>> declined to regulate
>>             the provision of goods and services over the Internet?  I
>> don't like asking
>>             questions that walk us into corners we cannot get out of.  Do
>> the fraudsters we
>>             are worried about actually apply for business numbers and
>> articles of
>>             incorporation in the jurisdictions in which they operate?  I
>> operate in  a
>>             jurisdiction where this distinction is often extremely
>> difficult to make.  THe
>>             determination would depend on the precise use being made of
>> the domain
>>             name....which gets ICANN squarely into content analysis, and
>> which can hardly be
>>             done for new registrations, even if t were within ICANN's
>> remit.  I am honestly
>>             not trying to be difficult, but I just have not heard a good
>> answer to this
>>             problem.
>>             Stephanie Perrin
>>             On 2014-01-19, at 4:38 PM, Holly Raiche wrote:
>>
>>                   Jin and all
>>             I agree with Jim here (and Don earlier).  The important task
>> here is
>>             agreeing on the questions to be asked of the SO/ACs.  So we
>> need to get
>>             back to framing the questions - not answering them, however
>> tempting that
>>             may be.
>>
>>             So the question of whether 'commercial entities' should be
>> barred is still
>>             a useful question to ask.  The next question would be whether
>> there are
>>             possible distinctions that should be drawn between an entity
>> that can use
>>             the service and one that can't and, if so, where is the line
>> drawn. I agree
>>             with the discussion on how difficult that will be because
>> many entities
>>             that have corporate status also have reasonable grounds for
>> wanting the
>>             protection of such a service (human rights organisations or
>> women's refuges
>>             come to mind).   But that is the sort of response we are
>> seeking from
>>             others outside of this group - so let's not prejudge answers.
>>  Let's only
>>             frame the questions that will help us come to some sensible
>> answers.
>>              Otherwise, we'll never get to the next steps.
>>
>>             And my apologies for the next meeting.  I have a long day
>> ahead on
>>             Wednesday (Sydney time) and taking calls at 2.00am won't
>> help.  So Ill read
>>             the transcript and be back in a fortnight (2 weeks for those
>> who do not use
>>             the term)
>>
>>             Holly
>>
>>
>>
>>
>>             On 16/01/2014, at 5:39 AM, Jim Bikoff wrote:
>>
>>                   Don and all,
>>
>>             As we suggested earlier, and discussed in the last Group
>>             teleconference, it might be helpful, as a next step, if we
>> reached a
>>             consensus on the groups of questions before sending them out
>> to
>>             SO/ACs and SG/Cs.
>>
>>             This would involve two steps: First, agreeing on the name of
>> each
>>             group; and second, streamlining the questions in each group.
>>
>>             In the first step, we could consider alternative headings
>> (perhaps
>>             REGISTRATION instead of MAINTENANCE).
>>
>>             And in the second step, we could remove duplicative or vague
>>             questions.
>>
>>             This crystallization would make the questions more
>> approachable, and
>>             encourage better responses.
>>
>>             I hope these ideas are helpful.
>>
>>             Best,
>>
>>             Jim
>>
>>             James L. Bikoff
>>             Silverberg, Goldman & Bikoff, LLP
>>             1101 30th Street, NW
>>             Suite 120
>>             Washington, DC 20007
>>             Tel: 202-944-3303
>>             Fax: 202-944-3306
>>             jbikoff at sgbdc.com
>>
>>
>>
>>             From: Don Blumenthal <dblumenthal at pir.org>
>>             Date: January 14, 2014 11:09:23 AM EST
>>             To: PPSAI <gnso-ppsai-pdp-wg at icann.org>
>>             Subject: [Gnso-ppsai-pdp-wg] Carlton's closing chat question
>>                   Carlton posted an issue that shouldn’t wait a week:
>>
>>             “John came up with 4 groups. Do we have a notion that others
>>             might be extracted?  And where do we include/modify questions
>>             to address Stephanie's issue?"
>>
>>             Jim had four groups and an umbrella Main category, which may
>> be
>>             instructive in itself in guiding how we proceed
>>             organizationally. Regardless, the consensus of commenters has
>>             been that his document is a significant improvement over where
>>             we were before, and I suggest that we use it as a baseline.
>>             However, we still have work to do on it. Feel free to suggest
>>             modifications.
>>
>>             Don
>>
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>>
>>
>>
>>
>>
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>>
>>
> --
> Dr. Robert Bruen
> Cold Rain Labs
> http://coldrain.net/bruen
> +1.802.579.6288
>
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