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

[Stephanie E Perrin]

I would add that our Charter describes our goals in NCSG:

1.1 Mission.The purpose of the Non Commercial Stakeholder Group (NCSG) 
is to represent, through its elected representatives and its 
Constituencies, the interests and concerns of noncommercial registrants 
and noncommercial Internet users of generic Top-­‐level Domains (gTLDs). 
It provides a voice and representation in ICANN processes to: 
non-­‐profit organizations that serve noncommercial interests; nonprofit 
services such as education, philanthropies, consumer protection, 
community organizing, promotion of the arts, public interest policy 
advocacy, children's welfare, religion, scientific research, and human 
rights; public interest software concerns; families or individuals who 
register domain names for noncommercial personal use; and Internet users 
who are primarily concerned with the noncommercial, public interest 
aspects of domain name policy.

While nothing in that statement precludes a concern about cybersecurity, 
particularly the words "consumer protection", we have long argued that 
the focus on cybersecurity in DNS registration data tends more towards 
surveillance and the abrogation of human rights, than individual 
consumer protection.  In particular, exposing personal data in a public 
registry has facilitated spam and phishing attacks.

The GAC and business community have been very vocal during all of the 
RDS discussions on the subject of cybersecurity and "consumer 
protection" being facilitated by public disclosure of data. They have 
not highlighted the Chinese Cybersecurity law, or even in fact the 
Council of Europe Cybercrime discussions (amendments to the Budapest 
Treaty).

Stephanie Perrin

On 2021-07-19 10:52 a.m., Mueller, Milton L wrote:
> *EXTERNAL EMAIL:*
>
> >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.
>
> China’s national law has no authority over the root server – indeed, 
> it is destructive and impossible for any national government to try to 
> impose its national law on this globally shared resource. China’s law 
> also has no authority over TLD operators who do not serve Chinese 
> customers. China’s “real name” law can ONLY apply to registrars 
> serving Chinese customers, because that is where individuals with 
> “real names” intersect with the domain name system.
>
> You may not understand what you are talking about here – how would a 
> TLD operator provide a “real name” when it is a company, not a person, 
> and when its records contain tens of thousands or millions of names of 
> registrants? Are you saying that Chinese law requires every TLD 
> operator and registrar in the world to turn over personally 
> identifiable information of all their customers to the Chinese 
> government? I think no one in this stakeholder group, or any other, 
> would support this, and none of the world’s governments would accept 
> it, either.
>
> 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.
>
> These are ICANN policies, not European ones.
>
> I don't think EU GDPR is superior than China Cybersecurity Law or any 
> other country's national law
>
> EU law does not override Chinese law, but Chinese law cannot bind what 
> the rest of the world does, either. I Hope that’s clear.
>
> 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.
>
> It is not relevant, but you can make this comment to ICANN as an 
> individual. Are you commenting on behalf of the Chinese government? 
> Maybe you should work with your GAC representative.
>
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