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

Rafik Dammak rafik.dammak at gmail.com
Sat Oct 10 15:37:20 CEST 2015


Hi Jeremy,

thanks for this. with the regard to UDRP, there is this preliminary issues
report about RPM ("right protections mechanisms")
https://www.icann.org/news/announcement-2-2015-10-09-en which I think is
part of the possible UDRP review.
definitely Konstantinos book "the current state of domain name regulation"
is good reminder about UDRP related issues.
is there any indication that the same provisions are or will be included in
other FTAs and agreement negotiated by US?

Best,


Rafik

2015-10-10 6:18 GMT+09:00 Jeremy Malcolm <jmalcolm at eff.org>:

> 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 Foundationhttps://eff.orgjmalcolm@eff.org
>
> Tel: 415.436.9333 ext 161
>
> :: Defending Your Rights in the Digital World ::
>
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