[CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion

Burr, Becky Becky.Burr at neustar.biz
Wed Jan 20 16:16:03 UTC 2016

Are you asking for my views on 3.18 of the RAA?  I think I am on record on
that one.  I have no problem with the RAA requiring registrars to get
registrants to agree to comply with all applicable laws, including
trademark and consumer protection laws.  I have no problem with the RAA
requiring registrars to get registrants to agree to abide by the outcome
of a UDRP or a rapid suspension process.  I believe that requiring
registrars to maintain an abuse point of contact and to respond to reports
appropriately is reasonably within the picket fence.  I don¹t believe that
registrars can reasonably or appropriately be required to make legal
determinations about whether some registrant behavior constitutes a
violation of law in they myriad jurisdictions in which they do business.
Although I can conceive of ways that ICANN might attempt to enforce 3.18
that are inconsistent with the intent of the provision and exceed the
scope of ICANN¹s Mission, I am not aware that ICANN has engaged in any
effort to do so.  At the same time, I do believe registries and registrars
should be free to establish the terms and conditions under which they will
do business with registrants, including the right to not accept and/or to
terminate registrations that violate their terms and conditions.

J. Beckwith Burr 
Neustar, Inc. / Deputy
General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz

On 1/20/16, 8:50 AM, "Mueller, Milton L" <milton at gatech.edu> wrote:

>I noticed that you did not respond to this point:
>> >If a registry ends up running ANY tld in a way that facilitates or
>> >contributes to trademark violations and fraud, there are all kinds of
>> >existing regulations and laws to respond to that. You don't need to use
>> >registry contracts to enforce sectoral regulations on a tld string.
>Care to give it a try?

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