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Subject:
From:
Enrique Chaparro <[log in to unmask]>
Reply To:
Enrique Chaparro <[log in to unmask]>
Date:
Thu, 7 Nov 2019 20:58:45 +0000
Content-Type:
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Thanks, Milton, for bringing this issue to our attention.
I agree — we should be concerned about this issue, and
definitely Richard raises two very reasonable objections
that I share )both personally and on behalf of my organisation).
But let me take the issue into further step: registries and
registrars should _never_ act as judge, jury and executioner,
particularly in matters that belong to the realm of the rule
of law. As disgusting as sexual exploitation of children may
be, definition of what constitutes "chilldren sexual abuse
materials" falls into a gray zone because of dissimilar national
laws and even a wide spectrum of case law. Is Balthus' 'The
guitar lesson' CSAM? Some people will say "yes", some people
will say "no", but in any case it is nor a matter for a private
entity resolving IP addresses into domain names to decide.
'Human trafficking' is well defined in the Palermo Protocol and
many States around the world have adopted such definition.¹
Is a registry or a registrar endowed with the abilities to identify
those well defined crimes, and the authority to do so? Would
they act on a "just in case" basis, with the risk of censoring
legitimate speech?

There's an expression in my mother tongue (Spanish) that
probably has en English equivalent I don't know: "Zapatero,
a tus zapatos" → 'Shoemaker, to your shoes'. That's exactly
what I think registries and registrars should do: humankind has
not spent centuries, blood and lives to create a fair judicial system
to put it all in the hands of private corporations.


Regards from the Far South



:::
Note:
¹ Article 3:
[...]

(a) "Trafficking in persons" shall mean the recruitment, transportation,
transfer, harbouring or receipt of persons, by means of the threat or
use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or of
the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of
exploitation. Exploitation shall include, at a minimum, the exploitation
of the prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or
the removal of organs;

(b) The consent of a victim of trafficking in persons to the intended
exploitation set forth in subparagraph (a) of this article shall be irrelevant
where any of the means set forth in subparagraph (a) have been used;

(c) The recruitment, transportation, transfer, harbouring or receipt of a
child for the purpose of exploitation shall be considered "trafficking in
persons" even if this does not involve any of the means set forth in
subparagraph (a) of this article;


-- 
Enrique A. Chaparro
Fundación Vía Libre
https://vialibre.org.ar [log in to unmask]

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