Only option 1. <div>DeeDee</div><div><br></div><div><br><br><div class="gmail_quote">On Mon, Jul 23, 2012 at 3:54 AM, Dan Krimm <span dir="ltr"><<a href="mailto:dan@musicunbound.com" target="_blank">dan@musicunbound.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">Andrew and Ron both make some good points. What we need to ask here is:<br>
<br>
Why should ICANN have responsibility for this issue? Certainly it seems<br>
unlikely that ICANN should have *sole* responsibility, if any.<br>
<br>
Also, strategies attempting to use TM infringement as the lever to enforce<br>
fraud seem mismatched: outright fraud is only a small part of TM law, and<br>
thus a narrower "hammer" ought to be devised for this narrow "nail" which<br>
I'd expect everyone would agree should be addressed *somehow* (nobody wants<br>
there to be rampant fraud with regard to charity fundraising -- I think we<br>
can all agree on that much).<br>
<br>
I think it's up to those who think ICANN in particular should ride to the<br>
rescue here to have the burden of proof to demonstrate why that is the<br>
case, with the default being that ICANN should not take charge of this.<br>
They need to demonstrate why charity fundraising fraud "breaks the DNS" per<br>
se and why existing law enforcement is somehow not up to the task of<br>
addressing such instances without ICANN taking over some substantial law<br>
enforcement authority.<br>
<br>
For ICANN to assist law enforcement narrowly in legitimate goals is one<br>
thing, but taking over law enforcement with potentially broad reach is<br>
quite another. Why exactly is it specifically ICANN's duty to fix this?<br>
<div class="im HOEnZb"><br>
Dan<br>
<br>
<br>
--<br>
Any opinions expressed in this message are those of the author alone and do<br>
not necessarily reflect any position of the author's employer.<br>
<br>
<br>
<br>
</div><div class="HOEnZb"><div class="h5">At 1:21 AM -0400 7/23/12, Evan Leibovitch wrote:<br>
>I don't know how welcome it is, but there has been some discussion of the<br>
>issue at ALAC.<br>
><br>
>(What follows is my own interpretation of the at-large PoV; others'<br>
>mileage may vary.)<br>
><br>
>Until recently there was widespread agreement with keeping the status quo.<br>
>But the stance has of late become a little more nuanced.<br>
><br>
>We have absolutely no sympathy for the IOC or its franchisees, or IGOs in<br>
>general (that already have the elite ability to register in dot-int). But<br>
>while we don't want to make any specific exemptions for the Red Cross, we<br>
>feel there is a legitimate discussion to be had about attempts to spoof<br>
>charities.<br>
><br>
>There, are, unfortunately, real instances of domains created to<br>
>deliberately confuse potential donors (especially domains quickly created<br>
>in the aftermath of disasters), often by in part appropriating the names<br>
>of known charities such as the Red Cross. There are many in At-Large who<br>
>believe that the domain system has some responsibility to prevent such<br>
>clear instances of abuse, which has the potential to expand significantly<br>
>upon expansion of the TLD namespace. What is less clear is how to do this,<br>
>but simply doing nothing does not appear to be a reasonable option. What<br>
>is hoped for is a reasonably easy process to stop sites designed to<br>
>commandeer charitable donations, in such a way that does not draw<br>
>substantial funds or focus from the real charities' core objectives.<br>
><br>
>This is more of a 2LD issue than a TLD one, but very real nonetheless. We<br>
>would prefer to generalize it, since charities besides the Red Cross<br>
>suffer from this kind of fraud. And we prefer to approach this from the<br>
>PoV of safeguarding the trust and needs of donors and supporters as<br>
>opposed to trademark and trademark-like "rights". However, a complete<br>
>response of "do nothing, everything's OK" may indicate an ICANN that is<br>
>insensitive to the public consequences of its policies, and indeed a<br>
>mis-functioning (or at least imbalanced) MSM.<br>
><br>
>- Evan<br>
</div></div></blockquote></div><br><br clear="all"><div><br></div>-- <br><div><a href="http://www.deepdishwavesofchange.org" target="_blank">http://www.deepdishwavesofchange.org</a></div><br>
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