[NCUC-DISCUSS] Domain name rules in today's TPP leak

[Jeremy Malcolm]

From https://eff.org/deeplinks/2015/10/final-leaked-tpp-text-all-we-feared:

"ICANN, the global domain name authority, provoked a furore earlier this
year over proposals that could limit the ability for owners of domain
names
<https://www.eff.org/deeplinks/2015/06/changes-domain-name-rules-place-user-privacy-jeopardy>
to shield their personal information from copyright and trademark
trolls, identity thieves, scammers and harassers.

The TPP has just ridden roughshod over that entire debate (at least for
country-code top-level domains such as .us, .au and .jp), by cementing
in place rules (QQ.C.12) that countries must provide “online public
access to a reliable and accurate database of contact information
concerning domain-name registrants.”

The same provision also requires countries to adopt an equivalent to
ICANN's flawed Uniform Domain-Name Dispute Resolution Policy (UDRP),
despite the fact that this controversial policy is overdue for a formal
review by ICANN, which might result in the significant revision of this
policy. Where would this leave the TPP countries, that are locked in to
upholding a UDRP-like policy for their own domains for the indefinite
future?

The TPP's prescription of rules for domain names completely disregards
the fact that most country code domain registries have their own, open,
community-driven processes for determining rules for managing domain
name disputes. More than that, this top-down rulemaking on domain names
is in direct contravention of the U.S. administration's own
firmly-stated commitment
<https://www.congress.gov/bill/114th-congress/senate-resolution/71/text>
to uphold the multi-stakeholder model of Internet governance. Obviously,
Internet users cannot trust the administration that it means what it
says when it gives lip-service to multi-stakeholder governance—and that
has ramifications that go even even deeper than this terrible TPP deal."



-- 
Jeremy Malcolm
Senior Global Policy Analyst
Electronic Frontier Foundation
https://eff.org
jmalcolm at eff.org

Tel: 415.436.9333 ext 161

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