[CCWG-Accountability] Related work on ICANN's Public Interest

Dr Eberhard W Lisse el at lisse.na
Tue Dec 16 19:12:26 UTC 2014


Thank you.

That would be law binding states in regards to bilateral and multilateral relationships between themselves (states), emanating from bilateral and multilateral agreements between themselves (states), right?

How does that affect individuals? Considering entities such as companies, for profit or not, as juristic persons. In particular if and when US Federal and perhaps even State laws pre-empt.

greetings, el

Sent from Dr Lisse's iPad mini

> On Dec 16, 2014, at 19:24, Carl Schonander <cschonander at SIIA.net> wrote:
> 
> The full body of international law meaning legally binding treaties as well as customary international law.  Carl
>  
> From: Dr Eberhard W Lisse [mailto:el at lisse.na] 
> Sent: Tuesday, December 16, 2014 12:03 PM
> To: Carl Schonander
> Cc: Steve DelBianco; Bruce Tonkin; Accountability Cross Community
> Subject: Re: [CCWG-Accountability] Related work on ICANN's Public Interest
>  
> Excellent.
>  
> What International Law would you be referring to?
>  
> el
> 
> Sent from Dr Lisse's iPad mini
> 
> On Dec 16, 2014, at 18:44, Carl Schonander <cschonander at SIIA.net> wrote:
> 
> Steve et all:
>  
> Would like to propose the inclusion of the following sentence in between the last two sentences of the proposed definition.  “Respect for international and national law is essential.” 
>  
> Carl
>  
> From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Steve DelBianco
> Sent: Tuesday, December 16, 2014 7:34 AM
> To: Bruce Tonkin; Accountability Cross Community
> Subject: Re: [CCWG-Accountability] Related work on ICANN's Public Interest
>  
> As mentioned on today’s call, here is a proposed definition for global public interest in the context of ICANN:
>  
> The 'public' part of public interest is concerned more with users and registrants than with contracted parties and others who are deeply involved at ICANN.  
> And the public interest in ICANN decisions is broader than just a secure and stable DNS. Namely, users and registrants want ICANN to make sure the DNS delivers two essential and measurable qualities: Availability and Integrity, of Registrations and Resolutions
>  
> Availability of the DNS is critical for global users who increasingly rely on the Internet for information, communications, and commerce. Domain name resolutions need to be available 24 hours a day, 365 days a year, from anywhere on the globe. Availability also means being able to use any language and any script for both generic and country-code domains and email addresses.
>  
> Availability can also apply to domain names sought by registrants: will domains in new gTLDs be available to the public, or will they be captured by insiders? That kind of availability should also be part of the public interest test for ICANN decisions.
>  
> Integrity of the DNS is vital to registrants and end-users of the Internet. Registrants rely upon the integrity of domain name registration to ensure that their identities are not misrepresented or misappropriated.  E-commerce and Internet financial transactions absolutely require integrity in resolution of domain names and secure delivery of encrypted data.
>  
> Internet users depend upon the integrity of domain name services to provide accurate and authentic results when they look up a website or send an email. Integrity is undermined by deceptive practices such as redirecting users to fraudulent websites or providing false information about the true owner of a web domain.
>  
> I encourage further discussion on the concept of global public interest in our CCWG. This term is too important to leave undefined or let a few individuals define it to fit their own agenda.   If we allow 'public interest' to mean anything and everything, it will end up meaning nothing at all.
>  
>> Steve DelBianco
> Executive Director
> NetChoice
> http://www.NetChoice.org and http://blog.netchoice.org
> +1.202.420.7482
>  
>  
>  
> On 12/16/14, 11:48 AM, "Bruce Tonkin" <Bruce.Tonkin at melbourneit.com.au> wrote:
>  
> Hello All,
>  
> The origin of the strategic work on public interest comes from the strategy panel on Public Responsibility Framework.
>  
> https://www.icann.org/en/system/files/files/prf-report-15may14-en.pdf  
>  
> That panel recommended the following definition:
>  
> "Panel Definitions Submitted to ICANN:
>  
> As an independent, global organization, ICANN is one of the organizations charged
> with responsibility for an increasingly important shared global resource: The Internet.
> As one of the stewards of this resource, ICANN recognizes it has a responsibility to
> protect and promote the global public interest, both throughout its work, and in
> collaboration with other entities. ICANN's public responsibility permeates all areas of
> its work and is at the core of its operations.
>  
> ICANN defines the global public interest in relation to the Internet as ensuring the
> Internet becomes, and continues to be, stable, inclusive, and accessible across the
> globe so that all may enjoy the benefits of a single and open Internet. In addressing its
> public responsibility, ICANN must build trust in the Internet and its governance
> ecosystem."
>  
> This definition though has not been formally adopted.
>  
> Regards,
> Bruce Tonkin
>  
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