RE: [nc-impwhois] Definition of Marketing Activities

["Tim Ruiz" <tim@godaddy.com>]

I would not want to see (c) be included. How do verify that? The word
"commercial" should also be removed. "Marketing activities" would then be
defined as:

any communication, regardless of the medium, initiated for the purpose of
advertising availability or quality of any property, goods, or services, but
such term does not include a communication (A) to any person with that
person's prior express invitation or permission, (B) to any person with whom
the party has an established business relationship.

Tim


-----Original Message-----
From: owner-nc-impwhois@dnso.org [mailto:owner-nc-impwhois@dnso.org]On
Behalf Of Margie Milam
Sent: Tuesday, January 14, 2003 1:09 PM
To: nc-impwhois@dnso.org
Subject: [nc-impwhois] Definition of Marketing Activities


As I indicated on our telephone confererence,  there is a U.S. federal
statute, 47 USCS  Section 227 which prohibits the use of telephone
equipment for certain marketing activities.  This statute has adopted
the following definitions which may be helpful to our analysis:

"Telephone Solicitation" means the initiation of a telephone call or
message for the purpose of encouraging the purchase or rental of, or
investment in,  property, goods, or services, which is transmitted to
any person, but such term does not include a call or message (A) to any
person with that person's prior express invitation or permission, (B) to
any person with whom the caller has an established business
relationship, or (C) by a tax exempt nonprofit organization.

"Unsolicited Advertisement" means any material advertising the
commercial availability or quality of any property, goods or services
which is transmitted to any person without that person's prior express
invitation or permission.

From the materials distributed last week:
The suggested revised section 3.3.6.3 is:
"Registrar's access agreement shall require the third party to agree not
to use the data to allow, enable, or otherwise support any marketing
activities, regardless of the medium used.  Such media include but are
not limited to e-mail, telephone, facsimile, postal mail, SMS, and
wireless alerts."

"Marketing activities" could be defined as any communication, regardless
of the medium, initiated for the purpose of advertising the commercial
availability or quality of any property, goods or services, but such
term does not include a communication (A) to any person with that
person's prior express invitation or permission, (B) to any person with
whom the party has an established business relationship, or (C) by a tax
exempt non-profit organization.

Please note that the suggested revision adopts a new term "marketing
activities" instead of the "marketing purposes" language that is
currently adopted in the ICANN agreement.  Query whether this is
intentional or whether this committee should refer back to the standard
"marketing purposes" language.


Margie


Margie  Milam
General Counsel
MarkMonitor
(208) 389-5769  (office)
(208) 389-5771  (fax)
Margie.Milam@markmonitor.com




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