[PC-NCSG] Fwd: FW: NCSG Meeting with the Board : Topics (Constituency Day)
avri doria
avri
Sun Oct 23 19:33:35 EEST 2016
Hi,
I agree that we do not wish to see these become best practices, but I do
not not see any reason why they should, or could, be prohibited.
What I think is most important is that any registrant know before
engaging a sld in one of these names, that this is the condition they
will be governed by.
avri
(note SOI, I do have a small research contract I do for Donuts, but it
has nothing to do with this policy of theirs and I have no binding to
support their policy causes, I have never discussed this issue with Donuts.)
On 23-Oct-16 11:10, Wendy Seltzer wrote:
> Thanks for raising this, Kathy and Mitch. It is hugely important that
> these takedowns not become part of ICANN's common framework or "best
> practices" for registries or registrars.
>
> --Wendy
>
> On October 20, 2016 3:17:40 PM PDT, Kathy Kleiman
> <kathy at kathykleiman.com> wrote:
>> Hi Tapani,
>> Tx for the time until end of day. I would like to introduce another
>> important and timely question for our NCSG/Board meeting. It is one
>> that
>> come from Mitch Stoltz and myself. Mitch is a Senior Staff Attorney at
>> the Electronic Frontier Foundation. He works on cases where free speech
>>
>> and innovation collide with copyright and trademark law. For the first
>>
>> time, he will be joining us at an ICANN meeting in India!
>>
>> Currently, MItch is working on concerns about "shadow regulation."
>> Shadow regulation is the "secretive web of backroom agreements between
>> companies that seek to control our behavior online." (See Fair
>> Processes, Better Outcomes,
>> https://www.eff.org/deeplinks/2016/09/fair-processes-better-outcomes)
>>
>> We have just such a shadow regulation here in our gTLD Community.
>> Earlier this year, Donuts signed a deal with the MPAA to take down not
>> just content, /but entire domain names/, of copyright owners /accused/
>> by the MPAA of violating their copyrights. Although the concept, MPAA
>> as
>> a "trusted notifier" was taken from the US Digital Millennium Copyright
>>
>> Act, it was taken without any of its fairness, balance, protections and
>>
>> appeals. Basically, it's another "accuse you lose" scenario (for anyone
>>
>> who remembers the first version of Uniform Rapid Suspension, before we
>> fought for huge changes). And Donuts is marketing this agreement as a
>> "Best Practice." :-(
>>
>> Mitch can be with us for the NCSG-Board meeting and we propose the
>> following question set:
>> ==> Does the Board continue to agree with Fadi Chehade's statement
>> of Summer 2015 that ICANN does not policy content,
>> https://www.icann.org/news/blog/icann-is-not-the-internet-content-police.
>>
>> Does the Board share our concerns that arrangements like the
>> MPAA-Donuts
>> agreement are deeply inappropriate for the Domain Name System?
>>
>> Likely response:
>> I think we may find relief from the Board in our asking this question.
>> As you may have seen, the IPC leadership is banging on the Board to
>> enforce copyright laws through ICANN compliance (See ICANN
>> Correspondence). Steve Crocker has been writing back forcefully to say
>>
>> this is not within ICANN's scope and purview.
>>
>> I think our questions will a) support the effort of the ICANN Board to
>> push back on the IPC on its push, b) and share the horrors of the
>> Donuts-MPAA private agreement with those members of the Board who have
>> not yet heard about it.
>>
>> Best and tx,
>> Kathy
>>
>>
>>
>>
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>>
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