<div dir="ltr">Nicely reported and a job well done for the increasing NCUC influence.<div class="gmail_extra"><br clear="all"><div><div class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div dir="ltr"><div><br></div>----<div>Tomslin </div><div><span style="color:rgb(0,0,0);font-size:12.8px"><br></span></div></div></div></div></div></div></div></div></div></div>
<br><div class="gmail_quote">On 3 December 2017 at 05:17, Renata Aquino Ribeiro <span dir="ltr"><<a href="mailto:raquino@gmail.com" target="_blank">raquino@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">Hello<br>
<br>
Please see below a new blog post on NCUC website as result from<br>
activities of NCUC Fellowship Program as well.<br>
<br>
Thank you for the author, Milton Mueller, for this comprehensive<br>
report of the meeting.<br>
<br>
Posting on plain text, please see embedded links on the online version.<br>
<br>
<a href="https://www.ncuc.org/2017/12/02/ncuc-exerts-policy-leadership-at-icann-60/" rel="noreferrer" target="_blank">https://www.ncuc.org/2017/12/<wbr>02/ncuc-exerts-policy-<wbr>leadership-at-icann-60/</a><br>
<br>
NCUC exerts policy leadership at ICANN 60<br>
<br>
By Milton Mueller, Internet Governance Project, Georgia Institute of Technology<br>
<br>
ICANN 60 showed that NCUC is playing an increasingly prominent role in<br>
ICANN. In the past, we were mainly reacting to policy initiatives from<br>
other stakeholder groups – usually proposing things we oppose. At this<br>
meeting, we were setting an agenda and influencing the rest of the<br>
environment in several areas. This blog will cover only those areas in<br>
which I was able to directly observe what was going on. There were<br>
several other NCUC activities at ICANN 60 that I was not able to<br>
observe (notably I missed most of the GNSO Council meetings and most<br>
of the geonames meeetings).<br>
<br>
Outreach<br>
<br>
A joint outreach meeting of NCUC and At Large on Saturday was a very<br>
productive event. It drew a large audience, including many of the new<br>
fellows and supported travelers. ICANN is drawing many new people into<br>
its processes, but many of them are confused by the complex<br>
organizational structures within ICANN, and some have vague or<br>
inaccurate ideas about what ICANN does. NCUC Chair Farzaneh Badii<br>
clarified that NCUC, as part of the GNSO, is focused exclusively on<br>
policy development for generic domain names, whereas AL can offer<br>
advice about anything. She also made it clear that NCUC is for<br>
noncommercial interests within ICANN, whereas At Large membership can<br>
include both commercial and noncommercial end users. Some differences<br>
in the attitudes of NCUC and At Large emerged during the discussions,<br>
particularly around Whois/privacy issues, where NCUC takes more of a<br>
rights-based approach and At Large positions are driven more by those<br>
who want to regulate users.<br>
<br>
This meeting also featured a discussion between me and the current and<br>
future heads of ICANN’s Security and Stability Advisory Committee,<br>
Patrik Faltstrom and Rod Rasmussen, on the topic of “DNS abuse.” We<br>
discussed what was the line between forms of abuse that involve<br>
domains only, and abusive or illegal content, which is outside of<br>
ICANN’s mission. We may have succeeded in making the SSAC people more<br>
sensitive to this distinction.<br>
<br>
Jurisdiction<br>
<br>
NCUC was also prominent in discussions of the jurisdiction issue. Led<br>
by Internet Governance Project colleagues Farzaneh Badii and myself,<br>
but with participation and support from NCUC members Claudio Lucena<br>
and Tatiana Tropina, we pushed for mitigating the effect of OFAC<br>
sanctions on ICANN’s neutrality as global domain administrator.<br>
Recommendations to commit ICANN to obtaining OFAC waivers whenever<br>
needed, and to push for a general OFAC license, were accepted by the<br>
subgroup. Opposition to the subgroup’s report developed within GAC,<br>
however. The problem, as Brazil’s GAC representative made clear, was<br>
not that they were “against” the OFAC-related recommendations. They<br>
are “very useful, very helpful,” he said. They feared that if they<br>
support the final report they are condoning the idea that the<br>
discussion of jurisdiction is over. Brazil and other countries still<br>
want to discuss further immunities. In meetings with the GAC, NCUC<br>
played a role in smoothing over the dissent by making it clear that we<br>
are not against continued discussion of immunities and the subgroup<br>
report was modified to allow this continued discussion.<br>
<br>
ICANN and content regulation<br>
<br>
NCUC actors made a major push against pressures to turn ICANN towards<br>
content regulation. Just before the meeting, NCUC member Internet<br>
Governance Project released a paper on registrar’s terms of service<br>
and their power to suspend domains based on their content. Member<br>
organization Electronic Frontier Foundation continued its campaign<br>
asking registrars not to “take up the censor’s pen.” These papers were<br>
discussed at the NCUC and NCSG meetings on constituency day and helped<br>
to inform members about the issue.<br>
<br>
We continued the pressure in our meeting with SSAC representatives, as<br>
noted above, and in our meeting with the ICANN board. Content<br>
regulation via ICANN was featured in one of the questions we asked of<br>
the board. We received a very strong and reassuring response from<br>
board member Becky Burr, which, due to its importance and the need to<br>
keep a record of the commitment, I copy from the transcript below:<br>
<br>
BECKY BURR: And the Board has resolved, …to be very clear in<br>
everything we do to articulate why we think what we’re doing is<br>
consistent with our mission. We want to put that out there to start a<br>
conversation, a dialogue with the community to make sure … that we all<br>
have mission at the top of mind. The purpose of that is to make sure<br>
that we collectively have a very clear understanding of what ICANN’s<br>
mission is, and we are consciously thinking about whether we are<br>
acting within ICANN’s mission at all times. That, really, to me, is a<br>
critical piece of making sure that everything we do goes back to<br>
ICANN’s mission, which, obviously, clearly excludes content control.<br>
<br>
MUELLER: Well, I think that’s as satisfactory an answer as I could<br>
expect Becky to give. And I do think that there are going to be some<br>
of these borderline questions. The thing that I like that I’m hearing<br>
is, going forward, a PIC (registry Public Internet Commitment) that<br>
strays into [content regulation] would not be considered something<br>
that ICANN would have to enforce through its compliance. Can we get a<br>
clear statement on it? New PICs?<br>
<br>
BECKY BURR: Well, I think it’s pretty clear that…that was the<br>
understanding of the community that new PICs going forward have to be<br>
— have to fall within ICANN’s mission.<br>
<br>
MUELLER: Okay. And then the registry itself might offer PICs — or even<br>
they wouldn’t be PICs, just policies that would allow them to regulate<br>
content within their own top-level domain. But ICANN wouldn’t be<br>
responsible for enforcing those commitments, right?<br>
<br>
BECKY BURR: No. So, for example, a number of registries are working<br>
with organizations on different ways of resolving disputes about<br>
copyright-related issues. Those are not within ICANN’s remit. ICANN is<br>
not involved in those. Those are private arrangements, private dispute<br>
resolution arrangements.<br>
<br>
MILTON MUELLER: Thank you.<br>
<br>
MARKUS KUMMER: So it seems we’re on the same page here, which is good.<br>
<br>
We also had a good meeting with the Registrars Stakeholder Group where<br>
we discussed the “registrar neutrality” ideas contained in the IGP<br>
paper. While there was general agreement about the need to detach<br>
domain administration from content regulation, it was clear that we<br>
will have trouble getting registrars to reduce discretion available to<br>
them. While sympathetic to neutrality, registrars would want carve<br>
outs for when they need to protect themselves for liability reasons.<br>
<br>
The issue of domain abuse vs. illegal content came up again on a panel<br>
about ICANN’s new Domain Abuse Activity Reporting data collection<br>
process. GNSO Council member Tatiana Tropina participated in this<br>
panel and reminded them of the need for due process and for not<br>
conflating domain abuse with website content.<br>
<br>
Whois/Privacy/RDS<br>
<br>
We were also active in the never-ending Whois/privacy issue. Whois is<br>
being re-branded as RDS (Registry Directory Services) but all the<br>
issues are the same. In a Sunday meeting of the RDS working group,<br>
NCUC members Stephanie Perrin, myself and Farzaneh Badii succeeded in<br>
challenging a false premise that much of the early work of the group<br>
has been based on, namely that the “purpose” of Whois can be derived<br>
from a list of all of its uses by various interests. The anti-privacy<br>
interests always approach the Whois purpose issue from this<br>
standpoint. They assert that because they are currently using their<br>
indiscriminate public access to personally identifiable information in<br>
a certain way, that that use should be considered as one of the<br>
“purposes” of Whois. NCUC advocates, on the other hand, noted that for<br>
a data collector such as ICANN, the purpose of Whois relates only to<br>
those functions ICANN needs the data for to perform specific purposes.<br>
The purpose of Whois restricts what data is legitimately collected. If<br>
the “purpose” of whois is to facilitate law enforcement, for example,<br>
then registrars should be collecting and publishing passport or social<br>
security numbers, as that would certainly make LEA’s job easier. But<br>
that is in fact NOT ICANN’s purpose for collecting Whois data. By the<br>
end of this meeting, we seem to have driven this point home, and<br>
people in the RDS group seemed to better appreciate the important<br>
distinction between “use cases” and “purpose” in data collection.<br>
Whether that will affect the RDS group’s final recommendations remains<br>
to be seen.<br>
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</blockquote></div><br></div></div>