[At-Large] Definition of registration abuse

[Bill Silverstein]

"Bret Fausett" <bfausett at internet.law.pro> wrote:
> 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!
>

The abuse should include things that has been determined to be abusive,
such as front running.

I'd like to think that registrars are in a fiduciary relationship with the
public, ie. like a bank or attorney. That if you check the availability of
a domain name, the registrar grabs it.

That registrars do not hide the identity of the registrant, unless they
accept liability for the use of the domain names.