Well, this is being pretty hotly debated, Carlton. The issue will be the assessment, more than the enforcement. It’s difficult for ICANN to be in a position to make the judgement so they will want to rely on some sort of a third party but I THINK we might see some enforcement, once such a judgement is made. We’ll see. Even combating DNS abuse requires some level of content “awareness,” if not regulation. From: Carlton Samuels <carlton.samuels@gmail.com> Date: Saturday, May 18, 2024 at 10:18 AM To: Jonathan Zuck <JZuck@innovatorsnetwork.org> Cc: Tijani <tijani.benjemaa@topnet.tn>, Olivier MJ Crépin-Leblond <ocl@gih.com>, cpwg@icann.org <cpwg@icann.org> Subject: Re: [CPWG] Jury still out on ICANN’s content policing powers .. and even if the RVC suggests it, ICANN org would not blink! Because content regulation would leave ICANN org in the vexatious situation of extending or tolerating approval of regulation in general. My analysis of the AOC #5 continues to inform my position; that posture expressing reluctance to form an opinion of benefits vs. costs of new gTLDs is classic DC speak and tells the tale. The mantra here is to let the market decide. Which is why if I were an applicant with a particular problem for optics, I too would take my stupid advice and file a RVC. It is a 'get out of jail card' that is objectively legal tender. I hold ICANN org will never act or do anything that could demonstrably be considered regulatory. Afterall, this was a solemn promise to our Uncle Sam. Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 Strategy, Process, Governance, Assessment & Turnaround ============================= On Fri, 17 May 2024 at 08:59, Jonathan Zuck via CPWG <cpwg@icann.org<mailto:cpwg@icann.org>> wrote: Well, the issue of RVCs has been discussed quite extensively and all the ALAC has said is that we are supportive of the concept of RVCs and that, if they are in the contract, the must be enforced. We have ALSO gone one to say that this doesn’t necessarily become content regulation as that would be a community or ICANN imposition of content restrictions onto registries whereas these are voluntary commitments, often made to overcome objections from us or the GAC, that find their way into a bilateral agreement. If it’s in the contract, it needs to be enforced, that’s all. The article is a bit simplistic suggesting we are advocating either for a bylaw amendment or ICANN’s entry into content regulation. From: CPWG <cpwg-bounces@icann.org<mailto:cpwg-bounces@icann.org>> on behalf of Tijani via CPWG <cpwg@icann.org<mailto:cpwg@icann.org>> Date: Friday, May 17, 2024 at 4:03 AM To: Olivier MJ Crépin-Leblond <ocl@gih.com<mailto:ocl@gih.com>>, cpwg@icann.org<mailto:cpwg@icann.org> <cpwg@icann.org<mailto:cpwg@icann.org>> Subject: Re: [CPWG] Jury still out on ICANN’s content policing powers Thx Oliver for sharing Did the ALAC accepted the proposed changes of the bylaws? If so, was there a debate on it in the At-Large community? This is a very serious change of the ICANN bylaws and the ALAC can’t accept such change before a large consultation of the RALOs’ community. I hope the article is wrong saying that only ALAC accepted the change among all the other constituents of the Empowered community. Tijani De : CPWG <cpwg-bounces@icann.org<mailto:cpwg-bounces@icann.org>> au nom de Olivier MJ Crépin-Leblond via CPWG <cpwg@icann.org<mailto:cpwg@icann.org>> Répondre à : Olivier MJ Crépin-Leblond <ocl@gih.com<mailto:ocl@gih.com>> Date : vendredi 17 mai 2024 à 11:39 À : "cpwg@icann.org<mailto:cpwg@icann.org>" <cpwg@icann.org<mailto:cpwg@icann.org>> Objet : [CPWG] Jury still out on ICANN’s content policing powers Interesting article summarising where we are: https://domainincite.com/29888-jury-still-out-on-icanns-content-policing-pow... _______________________________________________ CPWG mailing list CPWG@icann.org<mailto:CPWG@icann.org> https://mm.icann.org/mailman/listinfo/cpwg _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). 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