Opinions? Fwd: [] List of possible approaches for Red Cross/IOC names in new gTLDS

[Milton L Mueller]

Evan, I’d appreciate it if you’d forward this message to the relevant ALAC list.

We have absolutely no sympathy for the IOC or its franchisees, or IGOs in general (that already have the elite ability to register in dot-int). But while we don't want to make any specific exemptions for the Red Cross, we feel there is a legitimate discussion to be had about attempts to spoof charities.

[Milton L Mueller] But Evan, we have been having that discussion, for years. And it is not just charities that get spoofed, but anyone.

There, are, unfortunately, real instances of domains created to deliberately confuse potential donors (especially domains quickly created in the aftermath of disasters), often by in part appropriating the names of known charities such as the Red Cross.

[Milton L Mueller] Of course this is true, any everyone knows it. But that is a second-level domain name problem. So can ALAC at least have the gumption to clearly come out and state that there is no problem whatsoever at the top level? This whole business of quickly jumping on disasters only works when quick deceptive actions can be taken in the wake of a disaster, and that can’t happen with TLDs.

Remember, the IRC tried to hold up the entire new gTLD program based on its experiences with some spoofing at the second level.

Moreover, most of the spoofing was based on the CONTENT of the emails, more than on the domain name. No scientific studies have been done, but tons and tons of fraudulent charity pitches are sent out each year, and most of them do not rely on domain name confusion, or domains are ancillary to the scam. Here is one of many examples: http://www.cleveland.com/metro/index.ssf/2012/05/man_suspected_of_running_bogus.html

Do you think that, due to this incident, there should be a central authority who decides who gets to use the word “veteran” in any context, anywhere in the US or the world? No? Then think again about the idea that you can put a serious dent in charity spoofing by carving out special rights for IRC and IOC and others

There are many in At-Large who believe that the domain system has some responsibility to prevent such clear instances of abuse, which has the potential to expand significantly upon expansion of the TLD namespace.

[Milton L Mueller] Then there are many in the At-Large who are extremely naïve about the dangers – and frequent ineffectiveness – of attempts to “engineer” policy into a system. We have been having this same discussion since 1996, fer chrissake.

I am not even buying the idea that the risk increases with the number of new TLDs. How, exactly? Will someone who registers redcross.sucks or redcross.google be likely to do this?

 What is less clear is how to do this, but simply doing nothing does not appear to be a reasonable option.

[Milton L Mueller] Unless you can propose a very specific way to engineer domain name assignments to prevent all such abuse, and unless we can judge that method’s cost-benefit ratio or impact on free expression rights, you have no business criticizing “doing nothing.”

This is more of a 2LD issue than a TLD one,

[Milton L Mueller] uh, yes.

We would prefer to generalize it, since charities besides the Red Cross suffer from this kind of fraud.

[Milton L Mueller] That makes it 1000 times worse. Another demonstration of the utter naivete of this position. So now you have not only the policy problem of pre-empting millions of possible registrations at the second level, you compound it with the problem of distinguishing between which organizations will and will not get the special protections – a distinction that will give you  hell, I guarantee it.

And we prefer to approach this from the PoV of safeguarding the trust and needs of donors and supporters as opposed to trademark and trademark-like "rights". However, a complete response of "do nothing, everything's OK" may indicate an ICANN that is insensitive to the public consequences of its policies, and indeed a mis-functioning (or at least imbalanced) MSM.

[Milton L Mueller] Right, ICANN hasn’t given enough attention to trademark rights??!!! Did ALAC fall asleep 15 years ago and just wake up?
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