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[council] Motion re Fast Flux WG - Recommended Next Steps

Attached and below please find the text of a motion agreed by consensus of
the Fast Flux Working Group, for Council consideration.

Kind regards,

Mike Rodenbaugh
Rodenbaugh Law
548 Market Street
San Francisco, CA  94104

Motion on the Fast Flux (FF) Hosting Policy Development Process (PDP)

On 30 May 2008, the GNSO Council initiated a PDP and chartered a Working
Group, comprised of interested stakeholders and Constituency
representatives, in collaboration with knowledgeable individuals and
organizations,  to develop potential policy options to curtail the criminal
use fast flux hosting;

Whereas the Working Group was asked to consider ten questions, specifically:
1.      Who benefits from fast flux, and who is harmed?
2.      Who would benefit from the cessation of the practice, and who would
be harmed?
3.      Are registry operators involved, or could they be, in fast flux
hosting activities?  If so, how?
4.      Are registrars involved in fast flux hosting activities?  If so,
5.      How are registrants affected by fast flux hosting?
6.      How are Internet users affected by fast flux hosting?
7.      What technical, e.g. changes to the way in which DNS updates
operate, and policy, e.g. changes to registry / registrar agreements or
rules governing permissible registrant behavior measures could be
implemented by registries and registrars to mitigate the negative effects of
fast flux?
8.      What would be the impact (positive or negative) of establishing
limitations, guidelines, or restrictions on registrants, registrars and/or
registries with respect to practices that enable or facilitate fast flux
hosting?  What would be the impact of these limitations, guidelines, or
restrictions to product and service innovation?
9.      What are some of the best practices with regard to protection from
fast flux?
10.     Obtain expert opinion, as appropriate, on which areas of fast flux
are in scope and out of scope for GNSO policy making;

Whereas the Working Group has faithfully executed the PDP, as stated in the
By-laws, resulting in a Final Report delivered to the GNSO Council on   13
Aug 2009;

Whereas the Working Group did not make recommendations for new consensus
policy, or changes to existing policy;

Whereas the Working Group has developed and broadly supports several
recommendations, and outlined possible next steps;

Whereas the GNSO Council has reviewed and discussed these recommendations
and the Final Report;


To encourage ongoing discussions within the community regarding the
development of best practices and / or policy changes to identify and
mitigate the illicit uses of Fast Flux; and

To examine whether existing policy sufficiently empowers Registries and
Registrars to mitigate illicit uses of Fast Flux, as a component of any
future Registration Abuse PDP(s); and

To encourage staff, interested stakeholders, and subject matter experts to
analyze the feasibility of a Fast Flux Data Reporting System to collect data
on the prevalence of illicit use, as a tool to inform future discussions and
/ or policy work; and

To encourage staff to examine the role that ICANN can play as a "best
practices facilitator" within the community; and

To consider the inclusion of other stakeholders from both within and outside
the ICANN community for any future Fast Flux policy development efforts; and

To ensure that successor PDPs on this subject, if any, address the charter
definition issues identified in the Fast Flux Final Report.

Attachment: Fast Flux Draft Motion (clean).doc
Description: MS-Word document