[At-Large] Definition of registration abuse
Bret Fausett
bfausett at internet.law.pro
Tue Apr 28 15:27:20 EDT 2009
Thanks for this, Beau. A few comments on the definition below, all
designed to tighten up the definition so registrants can actually have
some idea of what is abusive and what is not.
> Abuse is an action that: 1. Causes actual and substantial harm,
Clarification: to whom? And what kind of harm? Are we focusing on
technical disruption? consumer fraud? economic harm to businesses what
we are looking? All of the above?
> or is a material predicate of such harm,
This is a hard one, especially when coupled with the nebulous
"illegitimate" below. My possession of a lethal weapon is a material
predicate to my committing armed robbery, but there's a huge leap
between keeping an unloaded rifle locked in my gun cabinet and
knocking over the neighborhood liquor store.
> 2. Is illegal
Where? In the country where the registrant lives? registrar? registry?
ICANN? For just one example, in the United States, it's not legal for
U.S. citizens to run online gambling sites. In some countries, the
facilitation of online gambling is the major export.
> or illegitimate, or is otherwise considered contrary to the
> intention and design of a stated legitimate purpose, if such purpose
> is disclosed.
At least "illegal"is capable of definition, by reference to some
jurisdiction, but "illegitimate" and "stated legitimate purpose" are
not capable of more precise definition than "in the eye of the
beholder." I would strongly recommend removing this clause and finding
something you can actually define with more precision.
Thanks for keep us posted!
Bret
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