[NCUC-DISCUSS] Fwd: [call for comment] NCUC Statement on Domain Abuse and the Avoidance of Content Regulation

[Salanieta Tamanikaiwaimaro]

Dear All,


   1. Firstly, thank you Milton for drafting the initial draft statement;
   2. I have incorporated comments within the Draft and also read others
   comments and draft revisions to the original statement;
   3. In summary, noting that within ICANN, there has been debate on what
   constitutes domain abuse and where there are two sides of the fence where
   on one hand you have people advocating for taking down a domain that has
   any hint of misbehavior and the other side who feel that Registries and
   Registrars have no responsibility towards a clean domain space.
   4. Domain abuse by the most common definition means domains registered
   for phishing, malware, botnets and domains advertised in spam. Most
   countries and jurisdictions declare these as illegal and harmful.
   5. There have been other internet stakeholders that consider other types
   of domain misuse just as abusive and illegal. Some examples include
   intellectual property infringement, copyright, trademark violations and
   certain types of what people may perceive to be objectionable content.
   6. In my personal opinion, abuse causes well defined harm to many
   organizations and individuals including Registries and Registrars. Consider
   the abuse of domain names to commit fraud during times of escalated crisis,
   where fake red cross domains soliciting donations aside from the spam that
   exploits one of the Pacific ccTLDs, ".pw" and a host of other "abuse
   examples"
   7. In Europe, with domain name abuse related to ".eu", there are ADR
   Mechanisms aside not prejudicing the rights of EU Nationals to seek redress
   through the Courts.
   8. Spam is not less harmful than other forms of abuse since it is used
   to propagate phishing and malware sites threatening the security and not to
   mention at great economic cost to countries and to the average end user.
   Countries from least developed communities (LDCs) are severely impacted
   cost-wise and access wise.
   9. The Global Consumer Research 2015 study which looked at 6144 consumer
   responses revealed that 74% highlighted phishing, 79% highlighted spamming
   and 40% highlighted cybersquatting.
   10. Whilst from inception, Registries and Registrars traditionally did
   not include within their contractual obligations to mitigate abuse.
   11. Calls from the end users and regulators across different
   jurisdictions have shaped and influenced the evolution and push to bringing
   more accountability primarily amongst the Registrars and Registries.
   12. I believe that a key component is reducing the time to harm and
   removing the domain from the DNS as soon as reasonably possible once it is
   identified as harmful.
   13. The 2017 Base Registry Agreement
   <https://www.icann.org/resources/pages/registries/registries-agreements-en>has
   provisions which say, "Registry Operator *shall take reasonable steps*
   to *investigate and respond* to any reports from law enforcement and
   governmental and quasi-governmental agencies of illegal conduct in
   connection with the use of the TLD.  In responding to such reports,
   Registry Operator will not be required to take any action in contravention
   of applicable law".
   14. In asking ICANN to define "Domain Abuse" we make it the Nexus which
   we are really trying to avoid when instead we let the community define what
   is Domain Abuse but what I suggest we do, is that in noting that ICANN is
   just one player in the entire ecosystem, we push regulation to the fringes
   whilst encouraging ICANN to continue what it is doing which is to espouse
   the safe and responsible creation of domains and use of domains.
   15. These are additional thoughts to comments placed in the Statement
   that Milton drafted.
   16. I wish you all well in Abu Dhabi.


Kind Regards,
Sala

Dear all,
>>
>> Here is a draft NCUC statement on ICANN and content regulation which
>> Milton Mueller has penned.
>> https://docs.google.com/document/d/1voPCb3EIi__
>> umZ1b2RCwkWhyn9wjnLAkiWdenT1dOKo
>>
>>  According to our timeline for issuing statements, the pen holder drafts
>> the statement sent to the list for comments. We will have 24 hours to
>> comment on the statement. The penholder or a member of EC will resolve the
>> comments and finalize the draft and get it adopted by the majority of the
>> NCUC votes.
>>
>> If we can adopt the statement we will announce it on Tuesday during our
>> constituency day.
>>
>>
>>
>> Please comment and make suggestions.
>>
>> I’ll  see some of you soon in Abu Dhabi.
>>
>> Those of you who will participate remotely i will make sure that we will
>> keep you engaged in the meetings. If you don’t have time to participate,
>> Ill send regular updates to the mailing list.
>>
>>
>> Best
>> Farzaneh
>> --
>> Farzaneh
>>
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> --
> Regards
> @__f_f__
> https://www.linkedin.com/in/farellf
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-- 
Salanieta Tamanikaiwaimaro
Director
Pasifika Nexus
P.O Box 17862
Suva
*FIJI*

Cell: +679 7656770
Tel: +679 3362003
E: sala at pasifikanexus.nu
Website: www.pasifikanexus.nu
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