[NCUC-DISCUSS] Session on termination of domains for hate speech at ICANN 60

Gustavo Paiva gdp.direito at gmail.com
Mon Aug 21 03:47:27 CEST 2017


Greetings,

"I understand James's concern for scope, just like Bill I don't yet know
what to think either, but it seems that Ayden's line that DNS, as a
technical framework, "is being used to determine who can and cannot
disseminate knowledge and opinions" is absolutely enough for us to put this
discussion forward for the time being."

I find that Claudio Lucena's words represent my view on this matter, and in
particular I think this is a subject that deserves debate. I am not
experienced with ICANN meetings so I have no opinion on that matter, but I
think a civilized, productive debate, with both sides being represented,
could be performed at the Brazilian IGF.

Gustavo Paiva.

On 20 August 2017 at 16:37, Stephanie Perrin <
stephanie.perrin at mail.utoronto.ca> wrote:

> I agree, let's not escalate things  ourselves.  I think the CEO of
> Cloudfare has expressed it quite well: https://www.cnbc.com/2017/08/
> 17/cloudflare-ceo-says-removing-the-daily-stormer-is-slippery-slope.html.
> I think we should have this discussion, am neutral as to the appropriate
> setting.  I bet Michael Nelson from Cloudfare will be there, he would be
> good to talk to as a discussant of the matter.
> Stephanie Perrin
> On 2017-08-20 12:36, Niels ten Oever wrote:
>
> That escalated quickly. I don't think the statement by EFF is
> interpreted that way. Am a bit surprised that people would base their
> decisions on how a fringe group portrays them.
>
> For some more reading on the issue a selection of articles from Berkman:
> https://cyber.harvard.edu/publications/2017/08/harmfulspeech
>
> On 08/20/2017 06:29 PM, James Gannon wrote:
>
> Be very careful here guys, the minute that this session is rebranded
> as why the NCUC thinks that Nazis should have been left online, which
> is exactly how this session will be branded by the alt-right, is the
> minute you will see half of your membership resign, myself included.
>
> -James
>
> -----Original Message----- From: Ncuc-discuss
> [mailto:ncuc-discuss-bounces at lists.ncuc.org <ncuc-discuss-bounces at lists.ncuc.org>] On Behalf Of Kathy
> Kleiman Sent: 20 August 2017 17:06 To: ncuc-discuss at lists.ncuc.org
> Subject: Re: [NCUC-DISCUSS] Session on termination of domains for
> hate speech at ICANN 60
>
> That's great, Niels, but I think it is also a very important session
> for NCUC to have as well (NCUC and/or NCSG).  There are a range of
> pending policy issues -- in ICANN and just outside of ICANN -- that
> we need not only to discuss, but to start formulating plans and
> strategies.
>
> Termination of domain names -- via lack of due process, private
> copyright law and private trademark law -- are all very much issues
> that the Noncommercial Community needs to be ready for in statements,
> comments and positions to come.  The more we work on this issue the
> better.
>
> BTW, these are issues -- especially termination of domain names
> without due process -- that go back to the very founding of the NCUC
> and our earliest work on the Uniform Dispute Resolution Policy
> (UDRP) which was "consensus policy #1" in ICANN. We fought for a
> policy grounded in intellectual property laws **and legal protections
> for free expression and due process.** With so many similar issues
> now on the table, this is our NCUC moment to continue to serve as the
> conscience of ICANN.
>
> Best, Kathy
>
>
> On 8/20/2017 3:36 AM, Niels ten Oever wrote:
>
> Hi all,
>
> Perhaps we can probably make some time in the CCWP HR / human
> rights session for this? Would that work for people?
>
> Best,
>
> Niels
>
> On 08/19/2017 02:16 PM, Ayden FĂ©rdeline wrote:
>
> Hi,
>
> In case it is helpful, please find attached the preliminary block
>  schedule for ICANN 60.
>
> It is really a shame we cannot have this discussion as a
> cross-community High Interest Topic at ICANN 60. I think that
> would be the best place for this dialogue to take place.
> Nonetheless, I count myself among those who would welcome this
> conversation taking place on Constituency Day.
>
> And Jeremy, thanks for sharing that excellent statement on
> content removal and noting what a blunt instrument the suspension
> of a domain name is. Freedom of expression is a fundamental human
> right. You don't take human rights away from people just because
> you hate them or their views. It's kind of shocking to me how
> quickly some have been to throw these fundamental principles of
> liberalism into the bonfire.
>
> Best wishes,
>
> Ayden FĂ©rdeline linkedin.com/in/ferdeline<http://www.linkedin.com/in/ferdeline> <http://www.linkedin.com/in/ferdeline>
>
>  -------- Original Message -------- Subject: Re: [NCUC-DISCUSS]
> Session on termination of domains for hate speech at ICANN 60
> Local Time: 19 August 2017 3:49 AM UTC Time: 19 August 2017
> 02:49 From: dave at davecake.net To: Jeremy Malcolm<jmalcolm at eff.org> <jmalcolm at eff.org> ncuc-discuss at lists.ncuc.org
>
> I would support this discussion taking place. I find the NCSG
> agenda is usually a bit more open, and NCUC agenda often pretty
> packed.
>
> David
>
>
> On 18 Aug 2017, at 7:48 am, Jeremy Malcolm <jmalcolm at eff.org
>  <mailto:jmalcolm at eff.org> <jmalcolm at eff.org>> wrote:
>
> Hello all,
>
> EFF has just posted its thoughts on the GoDaddy and Google
> termination of the Daily Stormer's domain:
> https://www.eff.org/deeplinks/2017/08/fighting-neo-nazis-future-fre
>
>  e-expression
>
> This would be a timely topic to address in more detail at
> ICANN 60. I will be attending and would like to be able to
> find some time to talk about this and also about the recent
> EFF and Public Knowledge whitepaper "Which Internet
> registries offer the best protection for domain owners? <https://www.eff.org/wp/which-internet-registries-offer-best-protection-domain-owners> <https://www.eff.org/wp/which-internet-registries-offer-best-protection-domain-owners>".
>
>
>
>
> What are the avenues for holding such a presentation?  Is there
>
> already a block of time for NCSG where this would fit in, or
> should a separate session be requested?  If so can anyone
> point me to the information about how to do this?  Sorry, I'm
> a little behind on the logistics of ICANN meetings because I
> seldom attend in person.
>
> Thanks.
>
> -- Jeremy Malcolm Senior Global Policy Analyst Electronic
> Frontier Foundation https://eff.org jmalcolm at eff.org
>
> Tel: 415.436.9333 ext 161 <(415)%20436-9333>
>
> :: Defending Your Rights in the Digital World ::
>
> Public key:https://www.eff.org/files/2016/11/27/key_jmalcolm.txt PGP
> fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF
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