[NCUC-DISCUSS] Revised NCUC Statement on Domain Abuse and the Avoidance of Content Regulation

Sat Oct 28 10:26:23 CEST 2017

Hi,

Looks like a very good statement. I just have a small point, with
regard to the phrase "and whether hate speech -- illegal under some
nations’ laws and accord[ed] the highest protection under others --
was legitimate or not." Are there any countries other than the United
States which do not have any hate speech laws? I am not aware of any,
which makes the presentation of this division seem a little
misleading. And even for the United States, I'm not sure it's accurate
to describe hate speech as being accorded "the highest protection" -
surely it's protected in line with other forms of speech, but not
above them.

I would suggest this be rephrased to "and whether hate speech, whose
definition and legal status varies from country to country, was
legitimate or not." I think that makes it seem less US-focused.

Best wishes and congratulations on this great work,

Michael Karanicolas

On Sat, Oct 28, 2017 at 11:56 AM, Mueller, Milton L <milton at gatech.edu> wrote:
> I have accepted and rejected various suggestions regarding the Statement.
> Please take a look
>
> https://docs.google.com/document/d/1voPCb3EIi__umZ1b2RCwkWhyn9wjnLAkiWdenT1dOKo/edit
>
> One commenter suggested that we make it a NCSG statement not just a NCUC
> statement. That is fine with me, but best to take a two-step process and
> start with NCUC – NPOC can then pass the same statement and it becomes a
> NCSG statement.
>
>
>
> From: Ncuc-discuss [mailto:ncuc-discuss-bounces at lists.ncuc.org] On Behalf Of
> Salanieta Tamanikaiwaimaro
> Sent: Thursday, October 26, 2017 4:14 PM
> To: Farell Folly <farellfolly at gmail.com>
> Cc: NCUC-discuss <ncuc-discuss at lists.ncuc.org>
> Subject: Re: [NCUC-DISCUSS] Fwd: [call for comment] NCUC Statement on Domain
> Abuse and the Avoidance of Content Regulation
>
>
>
> Dear All,
>
>
>
> Firstly, thank you Milton for drafting the initial draft statement;
> I have incorporated comments within the Draft and also read others comments
> and draft revisions to the original statement;
> 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.
> 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.
> 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.
> 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"
> 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.
> 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.
> The Global Consumer Research 2015 study which looked at 6144 consumer
> responses revealed that 74% highlighted phishing, 79% highlighted spamming
> and 40% highlighted cybersquatting.
> Whilst from inception, Registries and Registrars traditionally did not
> include within their contractual obligations to mitigate abuse.
> 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.
> 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.
> The 2017 Base Registry Agreement 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".
> 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.
> These are additional thoughts to comments placed in the Statement that
> Milton drafted.
> 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
>
>
>
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>
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>
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