[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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