Governments to seize gTLD domains. What is NCSG position?

[Mueller, Milton L]

IGP wrote an analysis of the new dot Net registry agreement. This might help you form a position

https://www.internetgovernance.org/2023/04/30/the-narrative-vlops-and-vlosers-net-renewal-stablecoins/

Milton L Mueller
Professor, School of Public Policy, School of Cybersecurity & Privacy
Georgia Tech

On Apr 20, 2023, at 17:45, farzaneh badii <farzaneh.badii at gmail.com> wrote:


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<mailto: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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