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Sorry, tired today, re-sending to clarify
that this is a request for clarification from ICANN Counsel, not the GNSO
Council. Thanks. From:
owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Mike Rodenbaugh Hi, I refer to Sec. 7.1 of the Report, which ends with these
sentences: The use of domain names may be taken into account when establishing or
changing registration policies. Thus, potential changes to existing contractual
provisions related to abuse in the registration of names would be within scope
of GNSO policy making. Consideration of new policies related to the use of a
domain name unrelated to its registration would not be within scope. Could ICANN Counsel please clarify this language?
Specifically, what could be “use of a domain name unrelated to its
registration”? If this means “any use of a domain name after
it is registered”, then how is that opinion consistent with prior
enactment of the UDRP, and Counsel’s opinion in the Issues Report re Fast
Flux Hosting (Mar. 31, 2008, p. 14): General Counsel’s opinion is that some aspects
relating to the subject of fast flux hosting are within scope of the ICANN
policy process and within the scope of the GNSO. As fast flux
hosting activities concern gTLDs, the issue is within
the scope of the GNSO to address. This clarification and/or further analysis
might be very helpful for the Council in considering the latest Issues Report
in the coming weeks, before our next meeting. Thanks, Mike R. |