Public Comment Call for Volunteers - Input on the Initial Report of the Phase 2A EPDP

Sat Jul 17 02:00:15 EEST 2021

Dear Milton Mueller,

Thanks for your response.

I need to make a further clarification. The words used in China Cybersecurity Law is the service provider of domain name registration service, which might not only be explained as Registrar. 

According to article 2 of China Domain Name Registration Regulation(互联网域名管理办法), the domain name service is not only about the basic domain name registration service provided by registar, but also contains the operation of root server and TLD. Therefore, ICANN and all registry have business in China might also deal with this problem, just like what we do in EPDP to deal with the problem caused by EU GDPR.

I certainly understand ICANN is a global governance regime not a national one. However, if I am not having misunderstood about EPDP, the whole issue is raised because of GDPR. I don't think EU GDPR is superior than China Cybersecurity Law or any other country's national law, although EU GDPR might have bigger political influence. Even though we might  finally develop a policy about allowing the registrant to choose about it's identification between Legal Person/ Natural Person in the end, which might go through a very long discussion and PDP process, such a policy choice could still have a potential compliance risk in China. 

Since the question 8 of EPDP Team Question for Community Input is to seek the legal and regulatory considerations not yet considered in this Initial Report, I certainly believe to mention about China Cybersecurity Law as a legal considerations is not a misunderstanding.

FYI, sorry I don't find the english version of China Domain Name Registration Regulation, you may check the Chinese version here:
http://www.cac.gov.cn/2017-09/28/c_1121737753.htm.
I hope Google translate might help you understand the article 2.

Best regards,

--
Zhou Heng
Assistant Researcher

Hunan Academy of Social Science

发件人："Mueller, Milton L" <milton at gatech.edu>
发送日期：2021-07-16 23:02:07
收件人：Zhou Heng <socata at RUC.EDU.CN>,"NCSG-DISCUSS at LISTSERV.SYR.EDU" <NCSG-DISCUSS at LISTSERV.SYR.EDU>
主题：RE: Public Comment Call for Volunteers - Input on the Initial Report of the Phase 2A EPDP
Zhou Heng:
I think you are misunderstanding two things.

1.       These comments apply to ICANN policies, not to the national law of China. We are talking about what ICANN’s contracted parties are required or recommended to do. China can regulate registrars in its own jurisdiction any way it likes, but that is a problem for China’s registrars. ICANN’s global policies are a separate thing.
2.       “Real identity” in Chinese law refers to personal information (name, national ID #, etc.). This is separate from the issue of whether the registration pertains to a company/organization. That relationship can be ambiguous, as our comments note, and saying that a registration requires “real identity information” does not eliminate that ambiguity. Are you talking about the identity of the organization or the identity of the person making the registration for the organization.

Keep in mind that ICANN is a global governance regime not a national one. Chinese registrars do have to comply with Chinese laws but no one else does.

Dr. Milton L Mueller
Georgia Institute of Technology
School of Public Policy
Internet Governance Project

From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> On Behalf Of Zhou Heng
 Sent: Thursday, July 15, 2021 4:52 AM
 To: NCSG-DISCUSS at LISTSERV.SYR.EDU
 Subject: Re: Public Comment Call for Volunteers - Input on the Initial Report of the Phase 2A EPDP

Dear Manju Chen，

 For 8. Question for Community Input: Are there legal and regulatory considerations not yet considered in this Initial Report, that may inform Registries and Registrars in deciding whether and how to differentiate, and if so, how?

I want to provide some information about China Network Security Law(中华人民共和国网络安全法), even though it may not be suitable to present it as a NCSG Comment.

According to Article 24/61 of China Cyber Security Law, the service provider of Domain Name registration is obligated to require the registrants to provide their real identity. Failed to comply such obligation, the China Network authority is entitled to shut down the domain name registration service.

 Therefore, ICANN and its Contracted Parties should not only allow the registrants to self-identify as natural or legal persons, but to require the registrants to provide their true identification. Otherwise, ICANN and its Contracted Parties might face compliance risk from China.

You may refer to China Cyber Security Law here:

http://www.lawinfochina.com/display.aspx?lib=law&id=22826

Article 24 Where network operators provide network access and domain registration services for users, handle network access formalities for fixed-line or mobile phone users, or provide users with information release services, instant messaging services and other services, they shall require users to provide true identity information when signing agreements with users or confirming the provision of services. If any user fails to provide his or her true identify information, the network operator shall not provide him or her with relevant services.

--
Zhou Heng 

Assistant Researcher

Hunan Academy of Social Science

发件人："陳曼茹 Manju Chen" <manju at NII.ORG.TW>
 发送日期：2021-07-15 12:37:49
 收件人：NCSG-DISCUSS at LISTSERV.SYR.EDU
 主题：Re: Public Comment Call for Volunteers - Input on the Initial Report of the Phase 2A EPDP

Hi  everyone,

Stephanie and I have drafted the NCSG's comment to the EPDP Phase 2A Initial Report as below:
 https://docs.google.com/document/d/1pWA92_Lt_91J3xwqQIiWUuNz37NkxohSc284z8MkqYw/edit?usp=sharing

 Since the comment was supposed to be submitted via google forms, I copied and pasted the questions to the above google doc. You can find the questions marked in dark yellow and the response we drafted right underneath. Hope this will make it easier for you to review and comment.

Please feel free to comment on the google doc. We appreciate your invaluable input.

Best,

Manju

On Mon, Jun 14, 2021 at 7:43 PM Tomslin Samme-Nlar <mesumbeslin at gmail.com> wrote:

Dear members,

There is a running public proceeding seeking to obtain community input on the Initial Report of the Phase 2A EPDP on the Temporary Specification for gTLD Registration Data Team.

It is an important one to us, so please let me know off-list if you'd like to volunteer for the comment drafting. It'll be nice to have more than one volunteer.

The comment period closes on 19 July 2021.

More information on the public comment can be found here : https://www.icann.org/public-comments/epdp-phase-2a-initial-report-2021-06-03-en

 A draft Google doc for the comment can be found here: https://docs.google.com/document/d/1BFpUPM26ZjKolabEdDQFh7tRWCBBHpix4CFWr2H-mko/edit?usp=sharing

You can find previous NCSG comments here: https://community.icann.org/display/gnsononcomstake/Public+Comments+-+2021

Regards,

Tomslin
@LinkedIn: https://www.linkedin.com/in/tomslin/

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