Governments to seize gTLD domains. What is NCSG position?

[farzaneh badii]

Thanks Emmanuel. So I tried to copy paste from Krikos blog but I dont agree
with his assertion. (It is still concerning though) basically this clause
will enable the registrar at its sole discretion to act upon any government
request regardless of whether it’s a court order or not. Which is pretty
dire and a bad situation. But I have to look into it further. It’s worth
discussing with the registrars.


It would allow Verisign, via the new text in 2.7(b)(ii)(5), to:

” *deny, cancel, redirect or transfer any registration* or transaction, or
place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in *its unlimited and sole discretion*” [the language at
the beginning of 2.7(b)(ii), emphasis added]

Then it lists when it can take the above measures. The first 3 are
non-controversial (and already exist, as they’re not in blue text). The 4th
is new, relating to security, and might be abused by Verisign. But, look at
the 5th item! I was shocked to see this new language:

“(5) to ensure compliance with applicable law, government rules or
regulations, or pursuant to *any legal order or subpoena of any government,
administrative or governmental authority, or court of competent
jurisdiction*,” [emphasis added]

On Thu, Apr 20, 2023 at 3:18 PM Carlos A. Afonso <ca at cafonso.ca> wrote:

> I think it would good to have the opinion of all registries, especially
> PIR.
>
> fraternal regards
>
> --c.a.
>
> On 20/04/2023 13:31, Emmanuel Vitus wrote:
> > Ladies and gentlemen!
> > Do we have this ongoing process on our radar?
> > According to the report, ICANN & and Verisign have proposed changes
> > <
> https://freespeech.com/2023/04/19/red-alert-icann-and-verisign-proposal-would-allow-any-government-in-the-world-to-seize-domain-names/
> >to
> > the global domain name policy in their recently published “Proposed
> Renewal
> > of the Registry Agreement for .NET”, which is now open for public comment
> > <https://www.icann.org/en/public-comment/upcoming-proceedings>. The
> > critical changes can be found in Section 2.7 of Appendix 8, on pages
> > 147-148.  The proposal will allow any government in the world to cancel,
> > redirect, or transfer to their control applicable domain names. I think
> > NCSG must act on this ASAP.
> >
> > Kind regards,
> >
> > Emmanuel
> >
> > *Mr. Emmanuel Agbenonwossi (PMP® , PSM1)*
> >
> > *Tech Policy Researcher* - Working for a Free, Open & Inclusive Internet
> |@
> > NPOC <https://npoc.org/> Secretary General | Ex Coms & Research Lead
> > @ParadigmHQ <https://twitter.com/ParadigmHQ> | Ex @Google
> > <https://twitter.com/Google> Policy Twitter <
> https://twitter.com/emmavitus>
> >   | Linkedin <https://www.linkedin.com/in/emmavitus/> | Mobile: +33
> > 763102234
> >
> > My WiFi connects automatically in France & Togo
> >
>
> --
>
> Carlos A. Afonso
> [emails são pessoais exceto quando explicitamente indicado em contrário]
> [emails are personal unless explicitly indicated otherwise]
>
> Instituto Nupef - https://nupef.org.br
> Internet Hall of Fame 2021
>
-- 
Farzaneh
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