[At-Large] Definition of registration abuse

[Derek Smythe]

Brendler, Beau wrote:
 >.... an action that:
 >
 > 1. Causes actual and substantial harm, or is a material predicate 
of such harm, and
 >
 > 2. Is illegal or illegitimate, or is otherwise considered contrary 
to the intention and design of a stated legitimate purpose, if such 
purpose is disclosed.
 >

It is extremely easy trying to shoot Beau down on phrases such as 
illegal/illegitimate/predicate without delivering any positive 
contribution.

I thank Beau for this initiative. It is long overdue.

However those that work with internet abuse on a daily basis, will 
exactly know what Beau is describing.

As such I will try my hand: Any action that deliberately intends to 
deceive with the intent of harming, either physically, emotionally or 
financially, another party on the net.

I am deliberately saying "intends", since this should be aimed at 
preventing criminals and fraudsters. The golden rule of the net: when 
the money is gone, it's gone.

Thinking Back, Garth and Jart has a nice definition as well.

Example: annanemmanuel.com - sculptor "Annan Emmanuel"

Any queries on this domain may be couriered via 
http://royaldiplomatic.annanemmanuel.com/ or 
http://magnatecourier.annanemmanuel.com/ to the legitimate owner of 
the content at http://www.sculptorcarver.com/ (though the fees may be 
steep and no guarantees it will ever be delivered)

Jokes aside. Where does the legal jurisdiction for the above lie? The 
point is the registrant is deliberately hiding. Do we unwrap a trail 
of Privacy abuse, only to find fake registration details, then decide 
to act with a trail of victims later, or do we see this for what it is.

Another example:

As far as I know, botnets are not illegal in some parts of the world. 
Heck, I think LE in those areas may not even know what they are. 
However does that make it right for them to attack other parties in 
other parts of the world, using botnets in yet another jurisdiction(s) 
just because they have no law against it? Or maybe have? Obviously 
not. So what are we going to call it?

As such, please understand what Beau is describing and rather try and 
support his efforts and help to get this issue pegged down.

Derek Smythe



Brendler, Beau wrote:
.... an action that:
> 
> 1. Causes actual and substantial harm, or is a material predicate of such harm, and
> 
> 2. Is illegal or illegitimate, or is otherwise considered contrary to the intention and design of a stated legitimate purpose, if such purpose is disclosed.
> 
> Notes:
> 
> * This is a working definition as per group consensus on April 27, 2009 and may be re-visited should the WG find it inadequate after examining some specific examples.
> 
> * The party or parties harmed, and the substance or severity of the abuse, should be identified and discussed in relation to a specific proposed abuse.
> 
> * The term "harm" is not intended to shield a party from fair market competition.
> 
> * The above definition of abuse is indebted to the definition of "misuse" in the document "Working Definitions for Key Terms that May be Used in Future WHOIS Studies" prepared by the GNSO Drafting Team [18 February 2009, at http://gnso.icann.org/issues/whois/whois-working-definitions-study-terms-18feb09.pdf].
> 
> 
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