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

Sat Oct 28 12:49:15 CEST 2017

I like it.

Stephanie

On 2017-10-28 05:50, Mueller, Milton L wrote:
> 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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>>>
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