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

Sat Oct 28 11:54:21 CEST 2017

Indeed a good statement ! Second Michael's suggestion!

2017-10-28 7:50 GMT-02:00 Mueller, Milton L <milton at gatech.edu>:

> 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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> > > Ncuc-discuss at lists.ncuc.org
> > > https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
> > >
> > >
> > >
> > > _______________________________________________
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> > > https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
> > >
> > > --
> > >
> > > Regards
> > >
> > > @__f_f__
> > >
> > > https://www.linkedin.com/in/farellf
> > >
> > >
> > > _______________________________________________
> > > Ncuc-discuss mailing list
> > > Ncuc-discuss at lists.ncuc.org
> > > https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
> > >
> > >
> > >
> > >
> > >
> > > --
> > >
> > > 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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> > > Ncuc-discuss at lists.ncuc.org
> > > https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
> > >
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-- 
*Bruna Martins dos Santos *

+55 61 99252-6512
Skype ID: bruna.martinsantos
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