[CCWG-ACCT] what ICANN can't regulate (was Re: Board comments on the Mission statement)

[Andrew Sullivan]

On Fri, Nov 20, 2015 at 03:54:09PM -0500, David Post wrote:
> This is a good example - can ICANN shut down my domain as part of its
> "collaboration with anti-abuse people"?

Unless you're a TLD, ICANN can't shut down your domain anyway (at
least not without taking a whole bunch of other people out), so if
that's all we're talking about it's not a problem.  But I think on at
least some occasions there's been talk of ICANN having standards for
what makes an abusive domain, and so the registries would be able to
take things down under a consensus policy.  (I don't recall the
disposition of that right now; the point is, it seems like regulation
though contracts to me.)  But since you say

> reasonably necessary to facilitate DNS security and stability.  So ICANN
> would need to develop, through the consensus process, a policy for how it's
> going to deal with that - which "anti-abuse" people are they collaborating
> with? What process are they going to use?  How will they accomplish the shut
> downs, technically? Is there any redress for wrongful shut-downs? Etc.

I guess you think this is something ICANN could be permitted to do.
Thanks, that is helpful at least to my understanding.

Now, if someone says that $badthing (child pornography, gambling, fake
pharma, incitement to terrorism, blasphemy, whatever) indirectly has
negative effects for security and stability, because it causes some
governments to interfere with the correct operation of the DNS, should
ICANN be permitted to make a consensus policy allowing takedown of
such sites without court order?

Best regards,

A
-- 
Andrew Sullivan
ajs at anvilwalrusden.com