Agree - I like Ed's formulation.

On 1/28/2015 1:54 PM, Amr Elsadr wrote:
> Hi,
>
> I very much like Ed’s approach to this, and think it is definitely 
> something worth bringing up with the board.
>
> Thanks.
>
> Amr
>
> On Jan 26, 2015, at 1:50 PM, Edward Morris <[log in to unmask] 
> <mailto:[log in to unmask]>> wrote:
>
>> Hi Avri,
>> ᐧ
>>
>>
>>     Aren't various government and intergovernmental actions forcing
>>     ICANN to take action based on content.
>>
>>
>>
>> In the two instances mentioned, I'm unaware of any jurisdictionally 
>> appropriate court order "forcing" ICANN to engage in quasi law 
>> enforcement activities. Perhaps I'm wrong but I'm unaware of any 
>> ICANN staff member or official being detained or physically 
>> threatened, a.k.a. "forced", to assist law enforcement in tracking 
>> down/alleged/ criminals. How is ICANN being forced to do anything?
>>
>> "Pressured" might be a better term and, of course, ICANN is often 
>> pressured to do many things. One of the things I would hope the Board 
>> could clarify for us is how ICANN determines which pressures to 
>> respond to and which pressures not to respond to. For example, there 
>> are jurisdictions that classify gay and lesbian sexual activity as 
>> being deviant and impermissible behaviour equivalent to that of adult 
>> sex with children. Does ICANN cooperate with law enforcement 
>> authorities in identifying those responsible for putting online gay 
>> and lesbian content? One mans terrorist is another mans freedom 
>> fighter: is it ICANN's role to assist law enforcement in identifying 
>> those responsible for websites some may believe aids and abets 
>> terrorism while others believe the same websites assist "freedom 
>> fighters"? Who decides what pressures to yield to? What is the 
>> procedure for making such decisions? Should there not be transparency 
>> in such processes so that those making the decisions are held 
>> responsible for their judgement and actions?
>>
>>     Unfortunately we keep saying they have no business discussing
>>     content based issue, yet, others impose these issues on ICANN. 
>>     How do we give the Board and Staff  guidance, recommendations and
>>     advice on how to handle the contents tissue imposed on ICANN
>>     without dealing with it?
>>
>>
>> Pressure goes both ways. If ICANN Board and staff perceive no blow 
>> back from their incursions into content regulation they will continue 
>> to do it. Why not? At the NCPH meeting Fadi reached out to the 
>> community for guidance: in some ways it could be seen as a plea to 
>> "blow back". If we in the noncommercial community strongly direct 
>> ICANN to stay out of content regulation it gives Fadi and others 
>> something to point to to justify resisting pressures to get involved 
>> in content control. If we remain silent in response to Fadi's 
>> invitation to direct ICANN in this matter,  then it would 
>> inappropriate to hold ICANN responsible for decisions made to ban 
>> content we actually like. First it was child pornography, now ICANN 
>> is considering getting involved in intellectual monopoly violations, 
>> what is next?
>>
>> Our direction to ICANN should be "just say no". There may be times 
>> ICANN is commanded through legal processes to do certain things. When 
>> those things involve content ICANN should resist to the fullest 
>> extent permitted by applicable laws. ICANN's response needs to be 
>> uniformly "we don't do content". Period.
>>
>> Yet if ICANN is going to do content, something beyond it's mission 
>> statement and appearing nowhere in it's Bylaws, there need to be 
>> procedures developed so content regulation no longer continues to be 
>> done on an ad hoc basis. There should be procedures in place, the 
>> community needs to be involved, standards need to be promulgated and 
>> publicised. I, as a noncommercial user without extravagant resources, 
>> should have the same ability to "force" ICANN to delete content I 
>> find objectionable as the i.p. industry does to "force" ICANN to 
>> chase after Bulgarians whose content they find objectionable. 
>> Personally, I find the militarisation of the internet to be far more 
>> objectionable and dangerous than websites offering allegedly "stolen" 
>> telenovelas. I believe certain online actions by governments 
>> contravene international humanitarian law. I know ICANN has the 
>> technical capability to stop some of these illegal actions. Should I 
>> not be able to "force" ICANN to act to prevent these illegal actions? 
>> I hope the answer is 'no' because ICANN does not do content, but if 
>> it does...
>>
>> Once ICANN gets involved in content it's a slippery slope with a 
>> final destination I presume many of us would find unappealing. One 
>> only has to look at the United Kingdom for an indication as to what 
>> might happen. Here in the U.K. filters initially designed to ban 
>> child pornography are now used to ban many types of material some 
>> find objectionable. One of the latest sites to run afoul of the 
>> censors was the Chaos Computer Club ( 
>> http://www.ccc.de/en/updates/2014/ccc-censored-in-uk). As bad as 
>> national filters are they pale in terms of what ICANN has the 
>> capability of doing..
>>
>> So, Avri, the direction to ICANN should be to stay out of content 
>> regulation. Period. However, if they are determined to have a 
>> California public benefits corporation engage in censorship with 
>> global effect it needs to be done in an open, transparent manner with 
>> defined conditions and standards available to all with community 
>> participation.
>>
>> Ed
>>
>>
>>
>>
>>
>>
>>     avri
>>
>>     On 25-Jan-15 20:33, Edward Morris wrote:
>>>
>>>     Hi Rafik,
>>>
>>>
>>>     I’d like to suggest a topic that has not had high visibility in
>>>     our stakeholder group in recent years, yet is a big part of the
>>>     NCSG DNA: the belief that ICANN should not be involved in
>>>     content control. It’s part of our belief in free expression and
>>>     it’s something that very slowly ICANN is getting involved in
>>>     fairly blatantly. I think it would be productive for us to raise
>>>     the flag in this area to get word to the Board that we’re
>>>     noticing this and that we do not approve of this mission creep.
>>>
>>>
>>>     ICANN has always been involved in content to some degree. The
>>>     most visible activity in this area came during the .XXX battles
>>>     where contractual language specified forms of prohibited
>>>     content. Obviously the new gTLD programme involves, in many
>>>     ways, content classification. But recently…
>>>
>>>
>>>     This autumn we learned that ICANN had employees going through
>>>     corporate records of firms in Panama to help law enforcement
>>>     track down an alleged child pornography ring.
>>>     (http://domainincite.com/14842-icann-helps-bust-russian-child-porn-ring).
>>>     Now Fadi tells us they are attempting to figure out what to do
>>>     with the case of a Bulgarian man with servers in Costa Rica who
>>>     is allegedly putting i.p. ingringing content online ( NCSG – CEO
>>>     meeting, NCPH intersessional transcript, p. 19-20). This is
>>>     certainly a long way from names and numbers.
>>>
>>>
>>>     We know Fadi’s perspective. According to Mr. Chehade, ICANN is
>>>     under pressure. It’s one of the reasons ICANN is supposedly
>>>     getting involved in the NMI. Yet during the interessional
>>>     meeting Fadi also stated several times that ICANN needed
>>>     community input to help determine “how far does ICANN want to
>>>     go?” on matters like these (intersessional transcript, p. 10).
>>>     We need to tell him that ICANN has no role to play in policing
>>>     content online.
>>>
>>>
>>>     Although we know Fadi’s position (both revelations mentioned
>>>     above came as a result of Fadi speaking extemporaneously) and
>>>     expressed confusion on these matters  we haven’t really heard
>>>     from the Board about situations like these. On the one hand
>>>     we’re told during the transition that ICANN has a limited remit
>>>     and is going to stick to it. On the other hand we have ICANN
>>>     employees searching through Central American corporate records
>>>     to assist authorities in policing content. I think it would be
>>>     appropriate for us to express concern about ICANN’s incursions,
>>>     both actual and contemplated, into content and to try to get
>>>     clarification as to the Board’s views and intentions on the matter.
>>>
>>>
>>>     Ed
>>>
>>>     ᐧ
>>>
>>>     On Sun, Jan 25, 2015 at 10:23 PM, Rafik
>>>     Dammak<[log in to unmask] <mailto:[log in to unmask]>>wrote:
>>>
>>>         Hi everyone,
>>>
>>>         We need to get 3 topics to discuss with the ICANN board at
>>>         singapore meeting.
>>>
>>>         Best,
>>>
>>>         Rafik
>>>
>>>         On Jan 20, 2015 10:32 AM, "Rafik Dammak"
>>>         <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>>>
>>>             Hi everyone,
>>>
>>>             like every time in preparation for ICANN meeting, we
>>>             have to discuss what kind of topics/issues we want to
>>>             raise with ICANN board members when we  meet them.
>>>
>>>             we will try to get 3 topics and send them 1 week prior
>>>             to the session.
>>>             please propose  topics and suggest short descriptions .
>>>             we will conduct later a polling to pick-up the 3 topics
>>>             among the proposals.
>>>
>>>             Best Regards,
>>>
>>>             Rafik
>>>
>