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

Arsène Tungali arsenebaguma at gmail.com
Sat Oct 28 12:14:30 CEST 2017 

Michael is right on that edit suggestion. I support it as well

------------------------
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2017-10-28 12:08 GMT+02:00 Cláudio Lucena <claudiokilla at gmail.com>:

> Michael’s suggestion adds clearness to the statement.
>
> Sent from my iPhone
>
> On 28 Oct 2017, at 13:54, Bruna Martins dos Santos <bruna.mrtns at gmail.com>
> wrote:
>
> 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
>> > >
>> > >
>> > > _______________________________________________
>> > > Ncuc-discuss mailing list
>> > > Ncuc-discuss at lists.ncuc.org
>> > > https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
>> > >
>> > >
>> > >
>> > > _______________________________________________
>> > > Ncuc-discuss mailing list
>> > > Ncuc-discuss at lists.ncuc.org
>> > > 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
>> > >
>> > >
>> > > _______________________________________________
>> > > Ncuc-discuss mailing list
>> > > 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 <+55%2061%2099252-6512>
> Skype ID: bruna.martinsantos
> @boomartins
>
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