[PC-NCSG] Fwd: FW: NCSG Meeting with the Board : Topics (Constituency Day)

[Kathy Kleiman]

Avri,

When content is taken down without due process, without legal grounds 
and with private rules created without openness, transparency, inclusion 
and balance -- that's censorship. I would hate to see the Internet move 
in that direction.

Best, Kathy


On 10/23/2016 12:33 PM, avri doria wrote:
> 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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