Fwd: [council] Response from GoDaddy regarding action taken with respect to a .org domain name

Fri Feb 2 19:11:32 CET 2007

I agree with you as to forwarding your earlier message to the GNSO
Council list, without further discussion on this list and further
elaboration.

Please note, however, that Robert Guerra sent a message with the same
concern, you certainly are not the only one concerned. Here are my
two cents:

1) If we want to go further on this, and I do think it is a relevant
to do so, I would advise that we also request the "plaintiff" to
explain and document how end users credentials of another network end
up being disclosed on their web servers and pages, and based on their
policy provisions what actions they have or should have taken against
the person/service responsible of such misuse. Why nothing has been
done in that regard, and contact has not been made with MySpace to
inform them of whatever steps were taken to resolve that issue. As an
end user, I wouldn't like to see my identity credentilas in a network
service that I use be disclosed by any organization be it an NCUC
member.

2) ICANN has reponsibility to do something there, while it should
avoid micro-regulation and micro-management. At least because all
this industry is highly geograpically distributed, and there is a
void in many countries to that effect (the former explaining the
latter, maybe.) As for issues such as the grace period, etc. ICANN
could have a safeguard policy that would require a minimum of notice
to be given and steps to be taken before any drastic measure such as
shutting down a website. If necessary, provision could be made for
the principle of subsidiarity wherever there might be conflict with
national regulations.

Just general ideas.

Mawaki

--- Harold Feld <hfeld at mediaaccess.org> wrote:

> I had hoped that we would have discussion within 
> the Constituency on a proper course of action. 
> Had I known my note would be forwarded for GNSO 
> action, I would have written a longer and more 
> substantive note.  I happen to agree with Bruce 
> that the Council list is not the place to 
> circulate an informal query from a single member.
> 
> That said, do I take the lack of response from 
> the Constituency to mean that I am the only one 
> concerned with the idea that aregistrar may 
> unilaterally, acting only on its own best 
> judgment, delete a registration?  Without any 
> other need for a procedure or effort to contact 
> the registrant?  Are members satisfied not merely 
> with theoutcome here, but in keeping such 
> authority in the hands of registrars generally?
> 
> Alternatively, are the other members of the 
> Constituency convinced this is not an ICANN 
> matter, but one to be addressed by national 
> governments under appropriate consumer protection 
> laws or other legal recourse?  Or is everyone 
> else satsified that the presence of a robust and 
> competitive registrar market adequately addresses such concerns?
> 
> If I am the only one that sees an issue here, 
> that's fine.  But I had hoped that there might be 
> others in the Constituency concerned with vesting 
> such authority in an unregulated commercial 
> entity -- whatever the appropriate outcome in this speciric case.
> 
> Harold Feld
> 
> At 04:58 PM 1/31/2007, you wrote:
> >FYI
> >
> >--- Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au> wrote:
> >
> > > Subject: [council] Response from GoDaddy regarding action taken
> > > with respect to a .org domain name
> > > Date: Wed, 31 Jan 2007 17:16:24 +1100
> > > From: "Bruce Tonkin" <Bruce.Tonkin at melbourneit.com.au>
> > > To: "Council GNSO" <council at gnso.icann.org>
> > >
> > > Hello All,
> > >
> > > Earlier this week there was a posting about a specific case of
> > > action taken by a registrar over a domain name.  I don't think
> the
> > > Council list is the appropriate place for discussing specific
> > > disputes, but rather the list should be used to highlight
> general
> > > issues that apply to multiple situations which may require
> policy
> > > action.
> > >
> > > Given that there is a public posting on this list, I gave the
> > > Registrar, GoDaddy, the right of reply.
> > >
> > > See below.
> > >
> > > Regards,
> > > Bruce Tonkin
> > >
> > >
> > > -----Original Message-----
> > > From: Tim Ruiz, Vice President, Corporate Development & Policy,
> > > GoDaddy
> > >
> > >
> > > We believe, under the circumstances, that we took the
> appropriate
> > > action. This was not about "a controversial speaker" or freedom
> of
> > > speech. This was about inappropriately acquired MySpace
> credentials
> > > being made public. The posted credentials exposed tens of
> > > thousands,
> > > many no doubt minors, to potential harm. The site publisher
> could
> > > not
> > > be reached and we took the appropriate action as allowed under
> our
> > > Registration Agreement and Terms of Service. We stand behind
> our
> > > actions.
> > >
> > > The author of this note, and the NCUC chair that decided to
> forward
> > > it
> > > to the Council list, have indicted us in the very same manner
> they
> > > are
> > > accusing us of. They have not even attempted to contact us for
> an
> > > explanation, and have ignored our own response to the CNET
> News.com
> > > article. In fairness, we ask that the Council also consider our
> > > response, as well as the responses of others who have taken a
> > > different
> > > view of our actions.
> > >
> > >
> > > GoDaddy Response:
> > >
>
>http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=232062&start=-1
> > >
> > >
> > > As awful as this article describes GoDaddy...:
> > >
>
>http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=232289&start=-1
> > >
> > >
> > > Im sick...:
> > >
>
>http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=232213&start=-1
> > >
> > >
> > > Am I in the Twilight zone here???:
> > >
>
>http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=232031&start=-1
> > > (This response is apparently from a MySpace user as indicated
> from
> > > a
> > > post on her blog, linked to in the above response.)
> > >
> > >
> > > Tim Ruiz
> > > Vice President
> > > Corporate Development & Policy
> > > GoDaddy.com
> > > ---------------------------------------------------------
> > >
> > > -----Original Message-----
> > > From: owner-council at gnso.icann.org
> > > [mailto:owner-council at gnso.icann.org]
> > > On Behalf Of GNSO.SECRETARIAT at GNSO.ICANN.ORG
> > > Sent: Monday, 29 January 2007 7:35 PM
> > > To: 'Council GNSO'
> > > Subject: [council] [Fwd: [Fwd: [NCUC-DISCUSS] Recent Actions By
> Go
> > > Daddy]]
> > >
> > > The Chair of the NCUC has asked that the mail below be
> circulated
> > > on the
> > >
> > > Council list.
> > >
> > > Thank you.
> > > Glen
> > >
> > >
> > > -------- Original Message --------
> > > Subject: [NCUC-DISCUSS] Recent Actions By Go Daddy
> > > Date: Fri, 26 Jan 2007 10:53:30 -0500
> > >
> > >
> > > I would like to draw attention to the recent actions of the Go
> > > Daddy
> > > registrar in its decision to pull a .org domain name at the
> request
> > > of
> > > social networking site myspace.com because a third party had
> placed
> > > on
> > > the site a list of passwords and accounts of myspace users.
> > > http://news.com.com/2100-1025_3-6153607.html
> > >
> > > This strikes me as a serious abuse of power by a registrar, and
> > > should
> > > alarm the users of this constituency.  If registrars can
> exercise
> > > such
> > > unrestrained authority over registrants, then no controversial
> > > speaker
> > > is safe.
> > >
> > > If there is not already a procedure for addressing this, I
> would
> > > strongly urge this constituency to take appropriate action.
> > >
> > > Harold Feld
> > >
> > >
> > >
> > > --
> > > Carlos A. Afonso
> > > diretor de planejamento
> > > Rits - Rede de Informações para o Terceiro Setor
> > > ***************************************************************
> > > Projeto Sacix - Apoio técnico a iniciativas de inclusão digital
> > > com software livre, mantido pela Rits em colaboração com o
> > > Coletivo Digital. Para mais informações:
> > > www.sacix.org.br   www.rits.org.br   www.coletivodigital.org.br
> > > ***************************************************************
> > >
> > >
> > > --
> > > Glen de Saint Géry
> > > GNSO Secretariat - ICANN
> > > gnso.secretariat[at]gnso.icann.org
> > > http://gnso.icann.org
> > >
> > >
> > >
> 
> 