[Gnso-ppsai-pdp-wg] What is content and what isn't

Don Blumenthal dblumenthal at pir.org
Tue Oct 28 16:26:11 UTC 2014


We’ve wandered into an area where the practical considerations for contracted parties and others in the infrastructure will be different from p/p providers. As for bit.ly, it would be covered by our policy but we would not act blindly.

To be accurate, we refer to registrars for action. They have the direct contractual relationships with registrants and are in a better position to investigate.

From: Michele Blacknight <michele at blacknight.com<mailto:michele at blacknight.com>>
Date: Tuesday, October 28, 2014 at 12:12 PM
To: Don Blumenthal <dblumenthal at pir.org<mailto:dblumenthal at pir.org>>, PPSAI <gnso-ppsai-pdp-wg at icann.org<mailto:gnso-ppsai-pdp-wg at icann.org>>
Subject: RE: What is content and what isn't


I'm not sure what the sanest way of framing this is.

We'd see malware and phishing  as being network abuse issues and treat them accordingly.

While some registries may have provisions in their policies to deal with this, hosting providers, network providers and registrars may do so also.

However the problem arises when there is a question of "judgement".

But it's never that simple ..

For example this weekend bitly was flagged for malware by Google. Sure, some links on bitly might have led to malware, but pulling down the entire domain would have been a really really bad idea.



Mr Michele Neylon
Blacknight Solutions
Hosting, Colocation & Domains
http://www.blacknight.press<http://www.blacknight.press/> for all our news & media
Intl. +353 (0) 59  9183072
Direct Dial: +353 (0)59 9183090
Social: http://mneylon.social
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,Ireland  Company No.: 370845

From: gnso-ppsai-pdp-wg-bounces at icann.org<mailto:gnso-ppsai-pdp-wg-bounces at icann.org> [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Don Blumenthal
Sent: Tuesday, October 28, 2014 4:07 PM
Subject: [Gnso-ppsai-pdp-wg] What is content and what isn't

Good afternoon,

My point about whether we need to definite content was based as I said on my experience with PIR. The considerations may be different in the context of p/p obligations and processes than they are for a contracted party when reviewing a complaint about a domain.

However, I focused on Steve’s description of malware as a content issue. Our posted anti-abuse policy lists malware as something that could cause us to act against a domain. The basis is that it creates a threat to the security and stability of the Internet. Malware is not a content issue for purpose of our complaint analyses.

I may be forgetting a question. Let me know.


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