Cheers,

Chris

On 15 Jun 2017, at 12:26, Margarita Valdes <mvaldes@nic.cl> wrote:

Dear colleagues,
In the last LACTLD meeting in Foz do Iguazú we Maria Antonieta (.cr) and me were chatting about this issue... is worse than the letter described.
The delicate point is, that ICANN security team will be happy if this system, "notice and take down" were aplicable for the all ccTLDs.
I personally debate that idea, specially because in Chile we need an order from the court, to deactivate or delete a domain name.
The ICANN representative in this workshop about security, resiliency etc postulate  that "by contractual clauses" Icann could force us to have "contractual conditions with our customers" to have this fast actions, notice and take down.
This representative also built his argument based of a rule of whois, which is applicable to registrars and gtlds, who have "contracts" with ICANN. This is the source of the obligation, in the case of ccTLds it is not applicable... and the answer was not of his taste.
Regards
M

Margarita Valdés Cortés, MBM-UAI
Legal & Business Manager
NIC Chile - University of Chile
www.nic.cl
+56229407734

El 15-06-2017, a las 05:58, Nigel Roberts <nigel@channelisles.net> escribió:

From the perspective of assisting our member (.CR), this is the right approach (i.e. do nothing) unless/until requested.

However, separate to that is this has been promulgated widely with publicity, and that publicity raised the issue of an apparent attempt by diplomats in the US Foreign Service to override the fundamental basis of subsidiarity on which ccTLDs have always been based.

If this is not swiftly refuted, it becomes acceptable.

So we need to discuss this calmly - not with the aim of reacting to the specific .CR incident - but gathering facts/evidence and then making a diplomatic and firm positive statement about the regime under which ccTLDs operate.

On 15/06/17 09:49, Katrina Sataki wrote:
Dear Councillors,



Got a response from .cr. Rosalia said “this issue is moving along well and we do not require any further action from the ccNSO. Thanks for your support. “



However, we have included the item for discussion during out meeting in Johannesburg.



Kind regards,



]{atrina





From: ccnso-council-bounces@icann.org [mailto:ccnso-council-bounces@icann.org] On Behalf Of Katrina Sataki
Sent: Wednesday, June 14, 2017 11:27 AM
To: ccnso-council@icann.org
Subject: [ccnso-council] FW: [ccnso-members] Economic Specialist from a US Embassy mentioned threats to close a ccTLD - Costa Rica



Dear Councillors,



With respect to the case described below please consider the following questions:

1)      Do you think the ccNSO and the ccNSO Council in particular should react to the letter (which technically is addressed to GAC and does not call for any action)?

2)      If yes, how we should react – the form (e.g., a ccNSO Council statement) and the content?



While you think about the questions, I reached out to .cr to ask if they expect any reaction from us. Will let you know as soon as I receive a reply from us. As they haven’t reached out to us, it is quite possible that they do not expect us to do anything.



Kind regards,



]{atrina





From: ccnso-members-bounces@icann.org <mailto:ccnso-members-bounces@icann.org>  [mailto:ccnso-members-bounces@icann.org] On Behalf Of Erick Iriarte
Sent: Wednesday, June 14, 2017 6:07 AM
To: cctldworld@icann.org <mailto:cctldworld@icann.org> ; cctldcommunity@cctld-managers.org <mailto:cctldcommunity@cctld-managers.org> ; ccnso-members@icann.org <mailto:ccnso-members@icann.org>
Subject: [ccnso-members] Economic Specialist from a US Embassy mentioned threats to close a ccTLD - Costa Rica



Hi



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



Erick



Note: don’t appear (yet)

in ICANN Board Correspondence: https://www.icann.org/resources/pages/correspondence

or GAC Correspondence: https://gacweb.icann.org/display/gacweb/GAC+Correspondence










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