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

Stephanie Perrin stephanie.perrin
Thu Sep 29 16:29:56 EEST 2016


I think this is a good idea, and I would suggest that perhaps we need to 
request a debrief on his presentation from Mason.  This seems to be an 
abuse of the GAC liaison position, although I am aware that my views on 
conflicts of interest are somewhat stricter than those of many in the 
NCSG.  A trivial matter, surely, for someone else to have presented to 
the GAC, to avoid any inference that the GNSO endorses this.  Let us 
remember that english in not the first language of many on the GAC.

I would love to have a link if you have it Kathy, as it would be good to 
listen before leaping on this...

Stephanie


On 2016-09-29 09:19, Edward Morris wrote:
> 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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