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Rec 6: AL-ALAC-ST-1219-03-00-EN

Rec 6: AL-ALAC-ST-1219-03-00-EN

ALAC: DNS Abuse (R6)

Date IssuedDocumentReference IDCurrent Phase

 

ALAC: DNS Abuse (R6)AL-ALAC-ST-1219-03-00-ENPhase 3 | Evaluate & Consider


DESCRIPTION

Adopt an “anti-crime, anti-abuse” Acceptable Use Policy (AUP) and include enforcement.


STATUS UPDATES

DatePhaseTypeStatus Updates

 

Phase 3Phase UpdateICANN sent a letter (https://www.icann.org/en/system/files/correspondence/olive-to-zuck-13oct23-en.pdf) to the ALAC regarding this Advice item.

 

Phase 3Phase UpdateAs stated in the Board's response to DNS Abuse related recommendations from SSR2, the Board has asked ICANN org's DNS Security Threat Mitigation Program and the DNS abuse Board Caucus group to consider all of the pending advice and recommendations and develop a strategic and holistic approach. This process is underway and aims to complete at the latest by the end of 2023.

 

Phase 3Phase UpdateAs stated in the Board's response to DNS Abuse related recommendations from SSR2, the Board has asked ICANN org's DNS Security Threat Mitigation Program and the DNS abuse Board Caucus group to consider all of the pending advice and recommendations and develop a strategic and holistic approach. This process is underway and not yet complete.

 

Phase 3Phase UpdateThe Board is forming a caucus group to determine path forward on DNS Abuse.

 

Phase 3Phase ChangeNow Phase 3

 

Phase 2AP FeedbackAny AUP should contain language about the actual mitigation of abuse. The vague language in the existing contracts that require only that the parties "have a policy," is obviously insufficient in some cases. Again, as a matter of interpretation, the idea of a having a measurably "effective" AUP seems reasonable and rational. If the system does consistently does not result in the mitigation of abuse, the argument can be made that the spirit of the contract has been violated.

 

Phase 2AP FeedbackICANN received confirmation of understanding.

 

Phase 2Phase UpdateClarifying Questions sent to ALAC.

 

Phase 2Clarifying QuestionICANN org requests clarification of this ALAC advice. Does ALAC advise the Board to direct ICANN org to cause Contracted Parties to obligate registrants to comply with an acceptable use policy that prohibits the registration and/or use of domain name for criminal or otherwise abusive purposes? Alternatively, does ALAC advise the Board to direct ICANN org to obligate Contracted Parties to take specified steps with respect to registrations used in the course of criminal or otherwise abusive conduct? If not, please clarify ALAC's advice. With respect to implementation of this recommendation, and taking into account that ALAC is empowered to initiate discussions leading to the creation of a PDP, ICANN org understands that ALAC advises the Board either to (1) initiate a PDP by calling for an Issue Report on this topic (ii) or cause ICANN org to enter into voluntary negotiations with Contracted Parties to implement ALAC's advice. If this understanding is incorrect, what is ALAC's recommendation with respect to development and adoption of an "anti-crime, anti-abuse" Acceptable Use Policy (AUP) that includes enforcement?

 

Phase 2Board UnderstandingWith respect to implementation of this recommendation, and taking into account that ALAC is empowered to initiate discussions leading to the creation of a PDP, ICANN org understands that ALAC advises the Board either to (1) initiate a PDP by calling for an Issue Report on this topic (ii) or cause ICANN org to enter into voluntary negotiations with Contracted Parties to implement ALAC?s advice.

 

Phase 2Phase ChangeNow Phase 2

 

Phase 1Phase UpdateAcknowledgement sent to ALAC.

 

Phase 1Phase UpdateALAC published AL-ALAC-ST-1219-03-00-EN: DNS Abuse: https://atlarge.icann.org/advice_statements/13747.