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

Sat Oct 28 11:50:03 CEST 2017

If no one objects I  will accept this suggestion

> -----Original Message-----
> From: Michael Karanicolas [mailto:mkaranicolas at gmail.com]
> Sent: Saturday, October 28, 2017 4:26 AM
> To: Mueller, Milton L <milton at gatech.edu>
> Cc: NCUC-discuss <ncuc-discuss at lists.ncuc.org>
> Subject: Re: [NCUC-DISCUSS] Revised NCUC Statement on Domain Abuse and
> the Avoidance of Content Regulation
> 
> 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__umZ1b2RCwkWhyn9wjnL
> AkiW
> > denT1dOKo/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__umZ1b2RCwkWhyn9wjnL
> AkiW
> > denT1dOKo
> >
> >
> >
> >  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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> >
> >
> >
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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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