[PC-NCSG] Fwd: Registrars + Registries

[Rafik Dammak]

Hi everyone,

The statement made today about content policy.

Best,

Rafik
---------- Forwarded message ----------
From: "Michele Neylon - Blacknight" <michele at blacknight.com>
Date: Oct 20, 2015 5:08 PM
Subject: Registrars + Registries
To: "Stephanie Perrin" <stephanie.perrin at mail.utoronto.ca>, "Rafik Dammak" <
rafik.dammak at gmail.com>
Cc:

Here you go:

We are aware that earlier today the IPC asked the CEO and the Board to have
ICANN play a greater role in content regulation.  The IPC suggested that
ICANN leverage its contractual compliance powers to require registries and
registrars to adopt and implement so-called voluntary standards.  The
Registries and Registrars Stakeholder Groups strongly urge the Board to not
become involved in this debate.

Our contracts are with ICANN.  ICANN?s exercise of its contractual
compliance powers as requested by the IPC would render such standards
anything but voluntary.  A statement that there needs to be teeth behind
?voluntary standards?, particularly when made by the party involved in a
contract, means they are no longer voluntary.  Moreover, many of the terms
requested by the IPC could in some cases remove legal protections provided
to registries and registrars under relevant national safe harbor laws.
Finally, the IPC is essentially seeking rights from ICANN that they have
been unable to secure from legislatures globally.

We understand that ICANN?s Board faces pressure from specific interest
group, but urge ICANN?s Board not to put ICANN staff or the community in
the position of content arbiters.  It is outside the remit of this
organization and creates a slippery slope.

We believe that ICANN compliance should rightly be involved in working to
see that all registrars should respond to requests under RAA section 3.18.
While the IP Community may not always be satisfied with every response they
receive, the vast majority of submissions are responded to and a
significant portion of those requests are resolved to satisfaction.
Registrars who do not respond to validly formed submissions should be
pursued. While we recognize that groups such as the IPC have a right to
bring any matter they desire to the Board and staff, we would welcome a
dialog with them and would request that the Board feel free to advise them
to approach us directly, especially on matters that are outside the remit
of ICANN.



--
Mr Michele Neylon
Blacknight Solutions
Hosting, Colocation & Domains
http://www.blacknight.host/
http://blog.blacknight.com/
http://ceo.hosting/
Intl. +353 (0) 59 9183072
Direct Dial: +353 (0)59 9183090
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,Ireland  Company No.: 370845
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