[PC-NCSG] Proposed subject change for board meeting tomorrow

[Rafik Dammak]

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.



On Oct 20, 2015 5:10 PM, "Stephanie Perrin" <
stephanie.perrin at mail.utoronto.ca> wrote:

> Do you have the text of that Kathy, we are meeting with them now, are you
> on line?
> SP
>
> On 2015-10-20 11:40, Kathy Kleiman wrote:
>
> +1 Matthew. I watched the Registrar/Registry agreement with the Board
> today and they read a strong statement asked ICANN to stay out of content.
> Apparently the IPC presented a letter to the Board today asking ICANN to
> get much more involved in content issues -- asking for "voluntary
> standards" but "with teeth" (this is 2nd hand as I have not seen the
> letter).  But voluntary standards with teeth mean binding commitments - and
> outside the PDPs.
>
> I don't know if our call on content with Alan Grogan, ICANN's compliance
> officer, ever took place. But this would be a good time for us to add to
> our noncommercial voices to the call for ICANN to stay out of content --
> and support ICANN. Because Fadi has said, and said again in today's
> session, that ICANN should stay out of it too.
>
> If someone takes the lead, I am happy to help in the background. It could
> be a short, but very important, point.
> Best,
> Kathy
>
> On 10/20/2015 11:33 AM, Matthew Shears wrote:
>
> Hi
>
> As I don't believe we have anything to particularly say or ask of the
> Board on public interest tomorrow (at least that I can determine) and would
> like to propose that we replace that subject with the issue of *content
> regulation* as there is much discussion of the issue at the moment.
>
> If you agree, someone would have to agree to speak on this.  (I certainly
> am not knowledgeable enough).
>
> Thanks.
>
> Matthew
>
> --
>
> Matthew Shears
> Director - Global Internet Policy and Human Rights
> Center for Democracy & Technology mshears at cdt.org+ 44 771 247 2987
>
>
>
> ------------------------------
> [image: Avast logo] <https://www.avast.com/antivirus>
>
> This email has been checked for viruses by Avast antivirus software.
> www.avast.com <https://www.avast.com/antivirus>
>
>
>
> _______________________________________________
> PC-NCSG mailing listPC-NCSG at ipjustice.orghttp://mailman.ipjustice.org/listinfo/pc-ncsg
>
>
>
>
> _______________________________________________
> PC-NCSG mailing listPC-NCSG at ipjustice.orghttp://mailman.ipjustice.org/listinfo/pc-ncsg
>
>
>
> _______________________________________________
> PC-NCSG mailing list
> PC-NCSG at ipjustice.org
> http://mailman.ipjustice.org/listinfo/pc-ncsg
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.ipjustice.org/pipermail/pc-ncsg/attachments/20151021/653083b8/attachment-0001.html>