Might this letter being drafted by the Internet Commerce Association be something that the NCSG would like to sign on in support of?

Ayden FĂ©rdeline
linkedin.com/in/ferdeline


-------- Original Message --------
Subject: Re: [Internet Policy] Why is ISOC's PIR promoting a private global copyright censorship court for domains?
Local Time: 17 February 2017 11:25 AM
UTC Time: 17 February 2017 11:25
From: [log in to unmask]
To: Graham Cobb <[log in to unmask]>, [log in to unmask] <[log in to unmask]>

Hello to members of ISOC's Internet Policy discussion group.

I am Counsel to the Internet Commerce Association (ICA). Last week I posted a blog concerning the HDI proposal at http://www.internetcommerce.org/dna-unveils-hdi-with-copyright-udrp/ . ICA subsequently posted a statement of concern regarding the Copyright ADRP which can be found at http://www.internetcommerce.org/ica-deeply-concerned-with-proposal-to-enable-domain-transfers-based-upon-copyright-claims/ .

This past week I have been attending the Intersessional meeting of ICANN's Non-Contracted Party House (NCPH) in Reykjavik, Iceland in my capacity as one of the GNSO Councilors representing the Business Constituency (BC - and noting that the BC has not taken any position on any component of HDI and that this communication is being undertaken in my ICA role and not on behalf of the BC). During the meeting I engaged in conversations with many other members of the NCPH who share substantial concerns regarding the Copyright ADRP and its imminent implementation by PIR.

Those concerned NCPH delegates have asked me to draft a letter that can be signed by individuals and organizations requesting that PIR and ISOC undertake an open and transparent dialogue with the broad Internet community before making any final decision on whether and in what form to implement the Copyright ADRP. We share the common belief that PIR, as the registry operator affiliated with ISOC, has a particular responsibility to engage in such a dialogue before granting ISOC's implicit blessing to an unprecedented dispute resolution procedure concerning copyright disputes. That is particularly true given that the DNA developed the HDI components without undertaking the broad outreach and discussion beyond its membership that it had initially indicated would be forthcoming.

As I am uncertain of the propriety of circulating such a draft communication on this list, I am requesting that individuals and organizations that may have an interest in joining such a communication contact me direct at [log in to unmask] . When the letter is final I will share it on this mailing list, and in the interim I will likely have more to say on this subject in my ICA Counsel capacity.

Thank you for your attention.

Regards,

Philip S. Corwin, Founding Principal

Virtualaw LLC

1155 F Street, NW

Suite 1050

Washington, DC 20004

202-559-8597/Direct

202-559-8750/Fax

202-255-6172/cell



"Luck is the residue of design" -- Branch Rickey



________________________________________
From: InternetPolicy [[log in to unmask]] on behalf of Graham Cobb [[log in to unmask]]
Sent: Thursday, February 16, 2017 1:56 PM
To: [log in to unmask]
Subject: Re: [Internet Policy] Why is ISOC's PIR promoting a private global copyright censorship court for domains?

On 16/02/17 18:17, Livingood, Jason wrote:
> On 2/16/17, 12:34 PM, "InternetPolicy on behalf of Brandt Dainow" <[log in to unmask] on behalf of [log in to unmask]> wrote:
>> I am firmly convinced this is an example of "mission creep" - the job of domain name management is to manage allocation of, and disputes over,
>> ownership of domain names. It is not the job of domain name
management to have any say in what those domain names are used for.
>
> The alternative appears to be country-by-country mandated domain name blocking
> (happening increasingly in Europe), which many MSH organizations have
in the
> past said risks balkanizing the Internet.

I don't accept that that is the only alternative: in my view it is just
as unreasonable.

However, even if that is the alternative, it is better for many reasons:
the effects are limited to the country concerned; the process is
governed by the laws of the people affected; blocking is often
ineffective; the cost of silencing a domain owner worldwide are much higher.

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