[PC-NCSG] Donuts and private copyright policies of the Domain Name Association

[Edward Morris]

Hi Kathy,
  
 Thanks for bringing this to our attention.
  
 There are a few things that come to mind, both in terms of setting the 
record straight for past actions and planning for the future: 
  
  
 1. I am concerned at the possibility that a GNSO Council liaison would 
seemingly pass off a private initiative as a work of the BUMP. Do you know 
if there is a transcript or recording available of the session you write?  
There are obviously degrees of culpability for such behaviour but if it was 
blatant and indisputable we may want to to take this before Council for an 
explanation and action. As the charge is somewhat serious I'd like to have 
a transcript or something we can refer to so maybe the October 13the 
meeting might be the time to do it. 
  
 2. We need to speak out on this. If the Board has the impression that 
"Healthy Domain" is anything but a scary private initiative by a 
corporation that is not known for completely above board behaviour we need 
to set it straight. Donuts agreement with the MPAA is dangerous for a whole 
bunch of reasons. How about setting up a NCSG WG to look at this and 
perhaps charge it with coming up with a resolution on the matter we could 
then send to the Board? 
  
 Thanks for alerting us to this Kathy. 
  
 Ed 
  
  
 Sent from my iPhone 
  
  

----------------------------------------
 From: "Kathy Kleiman" <kathy at kathykleiman.com>
Sent: Wednesday, September 28, 2016 4:30 PM
To: "NCSG-Policy" <pc-ncsg at ipjustice.org>
Subject: [PC-NCSG] Donuts and private copyright policies of the Domain Name 
Association   
Hi All, I have an issue to raise with the Policy Committee. I am
concerned about Donuts' "Healthy Domain Initiative." I don't think it is
healthy at all. Donuts and their private Domain Name Association are
setting up "best practices" that allow the Motion Picture Association to
be a "trusted notifier" of copyright infringement. Then, without due
process or any real rights whatsoever, Donuts will take down not only
the content, but the whole domain name - websites, listservs, emails and
all!

What concerns me to also is that Mason Cole misused his GNSO-GAC Liaison
"hat" to present the Domain Name Association's private, biased,
one-sided, and deeply unfair copyright initiatives to the GAC in
Helsinki. I listened closely to each moment of his presentation. By the
time he finished, I am very certain that every GAC member present
thought that the Healthy Domains Initiative (and its unfair, unbalanced
takedown of content through takedown of the domain names) was coming
from ICANN's Multistakeholder process -- when nothing could be farther
from the truth! It's all private - and unfair.

Donuts/ DNA's "Healthy Domains Initiative" is also titled to create
confusion with ICANN's gTLD Marketplace Health Index -- a legitimate
multistakeholder efforts working on measurements for gTLDs on
competition, etc. (and definitely not developing copyright regulation
thru the DNS!!)

I thought I would throw this issue out for you -- do you share my
concern? Should we investigate together further?

Best and tx,

Kathy

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