[NCUC-EC] Fwd: [NCUC] Call for inputs - 1:1 - NCUC Chair & ICANN CEO

Thu Dec 14 21:27:31 CET 2023

Thanks Pedro. Farzi makes a good point, especially regarding the process used to develop the new contractual arrangements, but I haven’t followed the process, even though y limited understanding of what emerged reflects a general understanding of the need to avoid any conflict with the mandate on content. Nevertheless, there may be some risk and hence this is another aspect of the DNS abuse topic that we can discuss on the call. 

Ken

From: NCUC-EC <ncuc-ec-bounces at lists.ncuc.org> On Behalf Of Pedro de Perdigão Lana
Sent: Thursday, December 14, 2023 1:27 PM
To: Exec. Comm <ncuc-ec at lists.ncuc.org>; Benjamin Akinmoyeje <benakin at gmail.com>
Subject: [NCUC-EC] Fwd: [NCUC] Call for inputs - 1:1 - NCUC Chair & ICANN CEO

Hi everyone,

Farzi sent me the message below. I think we could sum this up as "Bylaws concerns CPH approval of the amended contractual agreement". @Benjamin Akinmoyeje <mailto:benakin at gmail.com>  , would you be comfortable to talk about this, so Andrea can add to the agenda?

Cordially,

Pedro de Perdigão Lana

Advogado - OAB/PR 90.600 <https://www.sistemafiep.org.br/> ,  Pesquisador (GEDAI/UFPR <https://www.gedai.com.br/> )

Doutorando em Direito (UFPR), Mestre em Direito Empresarial (UCoimbra), 

Membro da Coordenação - CC Brasil <https://br.creativecommons.net/> , ISOC BR <https://isoc.org.br/>  e IODA  <https://ioda.org.br/> 

Essa mensagem é restrita ao remetente e destinatário(s). Se recebida por engano, favor responder informando o erro.

---------- Forwarded message ---------
De: farzaneh badii <farzaneh.badii at gmail.com <mailto:farzaneh.badii at gmail.com> >
Date: qui., 14 de dez. de 2023 às 14:47
Subject: Re: [NCUC] Call for inputs - 1:1 - NCUC Chair & ICANN CEO
To: Pedro de Perdigão Lana <pedrodeperdigaolana at gmail.com <mailto:pedrodeperdigaolana at gmail.com> >
Cc: David Morar <davidcristianmorar at gmail.com <mailto:davidcristianmorar at gmail.com> >, Bruna Martins dos Santos <bruna.mrtns at gmail.com <mailto:bruna.mrtns at gmail.com> >, Raymond Mamattah <mamattah.raymond at gmail.com <mailto:mamattah.raymond at gmail.com> >

Pedro, 

I just found out that the I thi. Tomslin mentioned this before but I think we need to raise some concern about their lack of response to our comments. This whole process felt like PIR and big players got together, set up the agenda, did some hand waving at the stakeholders and did whatever they wanted. They tell us we should be happy that they put in content governance should not be in the remit but why would that make us happy? content governance is not in the mission of ICANN according to its bylaws, any contractual amendment that is against the bylaws cannot pass! 

Just posted this on LinkedIn:

ICANN Contracted Parties House (CPH) has approved the bilateral amendments about DNS Abuse. 
 <https://lnkd.in/enJ34aFs> https://lnkd.in/enJ34aFs

They are celebrating but let me tell you why I am not celebrating (and this is not a revolutionary event, a bunch of powerful actors felt pressure, got together and said we should do these changes-which will have minimal effect on DNS abuse situation because there is no situation to be solved, DNS is working!!!)
1. Complete disregard of the multistakeholder process. There was a public comment process which we as the noncommercials weighed in and there was silence. They set the agenda somewhere else and came to approve it at ICANN. As simple as that. (one example is we objected to the addition of Spam as a form of delivery of malware, which was a simple removal!)

2. A few registries and registrars got together and imposed their business model on the rest. 

3. In the end all of these issues are because of ICANN's lack of desire to preserve competition among the registries and registrars. 

I actually believe industry consortiums can do incredible work in this space, so why don't we just wrap up this multistakeholder vanity fair and go home!  

Farzaneh 

On Thu, Dec 14, 2023 at 12:35 PM Pedro de Perdigão Lana <pedrodeperdigaolana at gmail.com <mailto:pedrodeperdigaolana at gmail.com> > wrote:

Hi Farzaneh, David, Bruna, Raymond,

Do you have any topics you would like to bring up in the NCUC conversation with Sally?

Cordially,

Pedro de Perdigão Lana

Lawyer <https://www.sistemafiep.org.br/> , GEDAI/UFPR <https://www.gedai.com.br/>  Researcher

PhD Candidate (UFPR), LLM in Business Law (UCoimbra) 

Board Member @ CC Brasil <https://br.creativecommons.net/> , ISOC BR <https://isoc.org.br/>  and IODA <https://ioda.org.br/> 

This message is restricted to the sender and recipient(s). If received by mistake, please reply informing it.

---------- Forwarded message ---------
De: Pedro de Perdigão Lana <pedrodeperdigaolana at gmail.com <mailto:pedrodeperdigaolana at gmail.com> >
Date: qui., 14 de dez. de 2023 às 08:58
Subject: Fwd: [NCUC] Call for inputs - 1:1 - NCUC Chair & ICANN CEO
To: Exec. Comm <ncuc-ec at lists.ncuc.org <mailto:ncuc-ec at lists.ncuc.org> >

Hi

We got no suggestions - I asked the NCSG chair f if he received any topics that wouldn't fit in his time, but no luck on that side too. I really do not have a substantial point to help in Sally's 1:1, maybe we should ask directly to some of our more active members?

Just remembering, Andrea mentioned that our deadline is today.

Cordially,

---------- Forwarded message ---------
De: Pedro de Perdigão Lana <pedrodeperdigaolana at gmail.com <mailto:pedrodeperdigaolana at gmail.com> >
Date: ter., 12 de dez. de 2023 às 13:15
Subject: [NCUC] Call for inputs - 1:1 - NCUC Chair & ICANN CEO
To: NCUC Discuss <ncuc-discuss at lists.ncuc.org <mailto:ncuc-discuss at lists.ncuc.org> >

Hi everyone,

The NCUC chair will have a 1:1 with Sally Costerton, interim CEO of ICANN. The Executive Committee would like to know if our members have any suggestions for topics and questions that we should discuss in the meeting. 

The deadline to send your inputs is Wednesday (Dec. 13th), midnight, UTC.

Cordially,

Pedro de Perdigão Lana

Lawyer <https://www.sistemafiep.org.br/> , GEDAI/UFPR <https://www.gedai.com.br/>  Researcher

PhD Candidate (UFPR), LLM in Business Law (UCoimbra) 

Board Member @ CC Brasil <https://br.creativecommons.net/> , ISOC BR <https://isoc.org.br/>  and IODA <https://ioda.org.br/> 

This message is restricted to the sender and recipient(s). If received by mistake, please reply informing it.

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