How not to demand a domain takedown
Listers Apologies for cross-posting. An interesting case of the above is playing out in Costa Rica. I'm copying below verbatim email communications that has been sent out by the Costa Rica ccTLD Registry. Attached you will find the Letter send by ccTLD .cr to GAC / ICANN CEO / ICANN President Costa Rica Ministry of Commerce, Costa Rica Ministry of MICITT (ICT) A fragment of the letter: “The representative of the United States Embassy, Mr. Kevin Ludeke, Economist Specialist, who claims to represent the interest of the US Department of Commerce, has mentioned threats to close our registry, with repeated harassment regarding our practices and operation policies and even personal negative comments directed to our Executive Director, based on no clear evidence or statistical data to support his claims as a way to pressure our organization to take down the domain name without following our current policies”a You can get your own conclusions Related with domain name thepiratebay.cr **Attached is the letter. This raises interesting questions and potential for precedence setting. 1. Should a Registry take down a domain simply by being asked to? Even if that domain is clearly violating laws? 2. Shouldn't laid down procedures for take downs be adhered to? 3. What recourse do the offended have in this case? 4. Should a foreign entity/country threaten to shut down a Registry? Regards ** *Ali Hussein* *Principal* *Hussein & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
Interesting questions there Ali. One may wonder if some nation states have extra territorial jurisdiction when it comes to matters to do with the internet. On Jun 14, 2017 11:18, "Ali Hussein via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
Listers
Apologies for cross-posting.
An interesting case of the above is playing out in Costa Rica. I'm copying below verbatim email communications that has been sent out by the Costa Rica ccTLD Registry.
Attached you will find the Letter send by ccTLD .cr to GAC / ICANN CEO / ICANN President Costa Rica Ministry of Commerce, Costa Rica Ministry of MICITT (ICT)
A fragment of the letter: “The representative of the United States Embassy, Mr. Kevin Ludeke, Economist Specialist, who claims to represent the interest of the US Department of Commerce, has mentioned threats to close our registry, with repeated harassment regarding our practices and operation policies and even personal negative comments directed to our Executive Director, based on no clear evidence or statistical data to support his claims as a way to pressure our organization to take down the domain name without following our current policies”a
You can get your own conclusions
Related with domain name thepiratebay.cr
**Attached is the letter.
This raises interesting questions and potential for precedence setting.
1. Should a Registry take down a domain simply by being asked to? Even if that domain is clearly violating laws?
2. Shouldn't laid down procedures for take downs be adhered to?
3. What recourse do the offended have in this case?
4. Should a foreign entity/country threaten to shut down a Registry?
Regards
** *Ali Hussein*
*Principal*
*Hussein & Associates*
Tel: +254 713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim>
13th Floor , Delta Towers, Oracle Wing,
Chiromo Road, Westlands,
Nairobi, Kenya.
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
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On 14 June 2017 at 12:16, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
This raises interesting questions and potential for precedence setting.
1. Should a Registry take down a domain simply by being asked to? Even if that domain is clearly violating laws?
All takedown request have to go through due process, including a ruling from a court of competent jurisdiction.
2. Shouldn't laid down procedures for take downs be adhered to?
Sure, they have to be adhered to.
3. What recourse do the offended have in this case?
4. Should a foreign entity/country threaten to shut down a Registry?
This is a big brother flexing their muscle in the wrong way. Over the years, ccTLDs have shown resiliency in remaining up and running even after
Go to court, and get a favorable ruling. Of course Pirate bay has shown over time that it is "The galaxy's most resilient BitTorrent site". They have become masters of Pirate Politics, e-democracy, and freedom of expression. They have shown resilience in protecting the rights of intermediaries. They even prompted the formation of The Pirate Party, which was initially formed to reform laws regarding copyright and patents. The party agenda includes support for strengthening the individual's right to privacy, both on the Internet and in everyday life, and the transparency of state administration. It has become a very powerful lobby group because they now have political clout. their host countries have been sanctioned economically. Include any country here that has been sanctioned, and even decimated to paste through military intervention. At no time has their ccTLD been shut down. Going forward post IANA transition, it is very unlikely that a ccTLD can be brought down through executive order. This will make very interesting debate in the next ICANN in South Africa. Regards ______________________ Mwendwa Kivuva, Nairobi, Kenya twitter.com/lordmwesh
HI Kivuva, *Going forward post IANA transition, it is very unlikely that a ccTLD can be brought down through executive order. This will make very interesting debate in the next ICANN in South Africa.* How much control, if any, does ICANN have over ccTLDs? W. On Thu, Jun 15, 2017, at 12:01 PM, Mwendwa Kivuva via kictanet wrote:
On 14 June 2017 at 12:16, Ali Hussein via kictanet <kictanet@lists.kictanet.or.ke> wrote:>> This raises interesting questions and potential for precedence
setting.>>
1. Should a Registry take down a domain simply by being asked to? Even if that domain is clearly violating laws?> All takedown request have to go through due process, including a ruling from a court of competent jurisdiction.>>
2. Shouldn't laid down procedures for take downs be adhered to?
Sure, they have to be adhered to.
3. What recourse do the offended have in this case? > Go to court, and get a favorable ruling. Of course Pirate bay has shown over time that it is "The galaxy's most resilient BitTorrent site". They have become masters of Pirate Politics, e-democracy, and freedom of expression. They have shown resilience in protecting the rights of intermediaries. They even prompted the formation of The Pirate Party, which was initially formed to reform laws regarding copyright and patents. The party agenda includes support for strengthening the individual's right to privacy, both on the Internet and in everyday life, and the transparency of state administration. It has become a very powerful lobby group because they now have political clout.>>
4. Should a foreign entity/country threaten to shut down a Registry?
This is a big brother flexing their muscle in the wrong way. Over the years, ccTLDs have shown resiliency in remaining up and running even after their host countries have been sanctioned economically. Include any country here that has been sanctioned, and even decimated to paste through military intervention. At no time has their ccTLD been shut down.> Going forward post IANA transition, it is very unlikely that a ccTLD can be brought down through executive order. This will make very interesting debate in the next ICANN in South Africa.> Regards
______________________ Mwendwa Kivuva, Nairobi, Kenya twitter.com/lordmwesh
_________________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.com> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.> KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
Dr Waudo, On 15 June 2017 at 13:14, waudo siganga <emailsignet@mailcan.com> wrote:
HI Kivuva,
Going forward post IANA transition, it is very unlikely that a ccTLD can be brought down through executive order. This will make very interesting debate in the next ICANN in South Africa.
How much control, if any, does ICANN have over ccTLDs?
We have some ccTLD operators here on the list, and even some ICANN staff. I hope they have liberty to shed some light. Regards ______________________ Mwendwa Kivuva, Nairobi, Kenya twitter.com/lordmwesh
Dear Kivuva, The ccNSO has included this issue as a discussion point in the next ICANN 59 meeting. ccTLD’s enjoy considerable autonomy given that they are allowed to domesticate rules which Govern its operations for the benefit of its citizens. This is basically the basis which Dot Cr for Costa Rica is basing its arguments on. That its country laws should be followed in demanding take down of the domain. Kind regards, Abdalla Omari. Chief Executive Officer
On Jun 15, 2017, at 12:52 PM, Mwendwa Kivuva via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Dr Waudo,
On 15 June 2017 at 13:14, waudo siganga <emailsignet@mailcan.com> wrote:
HI Kivuva,
Going forward post IANA transition, it is very unlikely that a ccTLD can be brought down through executive order. This will make very interesting debate in the next ICANN in South Africa.
How much control, if any, does ICANN have over ccTLDs?
We have some ccTLD operators here on the list, and even some ICANN staff. I hope they have liberty to shed some light.
Regards ______________________ Mwendwa Kivuva, Nairobi, Kenya twitter.com/lordmwesh
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
participants (5)
-
Abdalla -
Ali Hussein -
Francis Monyango -
Mwendwa Kivuva -
waudo siganga