[GNSO-RPM-WG] ICE domain name seizures -- potential source of data for RPM PDP?

Fri Jan 4 17:43:14 UTC 2019

Thanks for your feedback, Susan.

A few additional personal comments-

*       It appears from the ICE press release that a number of other national law enforcement agencies may have been involved in the seizures.
*       While the seizure may have been "free" to the trademark owner if the domain was one that met the criteria for bringing a UDRP or URS, there is considerable expenditure of public funds in these efforts.
*       These law enforcement agency domain actions are directed at criminal activity, whereas the great majority of UDRP and URS actions focus on domains that could be the subject of civil trademark litigation. I would not favor eliminating the availability of self-help to trademark registrants via non-judicial RPMs, but one unintended result of doing so might be to encourage some trademark owners to seek law enforcement actions against domains that previously would have merited the filing of a UDRP or URS.

Best to all,

Philip

Philip S. Corwin

Policy Counsel

VeriSign, Inc.

12061 Bluemont Way
Reston, VA 20190

703-948-4648/Direct

571-342-7489/Cell

"Luck is the residue of design" -- Branch Rickey

From: GNSO-RPM-WG [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Susan Payne
Sent: Friday, January 04, 2019 5:41 AM
To: George Kirikos <icann at leap.com>; gnso-rpm-wg <gnso-rpm-wg at icann.org>
Subject: [EXTERNAL] Re: [GNSO-RPM-WG] ICE domain name seizures -- potential source of data for RPM PDP?

I completely agree with Phil's comments.

In addition:

1. Can we try to remember that not all rights infringement or enforcement happens in the US or has a US-connection.  From ICE's website the mission is "to protect the national security and public safety of the United States by disrupting and dismantling transnational criminal organizations that engage in cross-border crime".

2. Also from ICE's website: "Due to the lapse in federal funding, this website will not be actively managed".  Presumably there are also other impacts on ICE activity, and this is hardly the first time this has happened.

Let's not argue for replacement of ICANN measures by a so-called "free" option which is not available to all, where any action taken depends on the US's current priorities, and whose funding generally is subject to whatever US political squabble happens to be occurring.

Susan Payne

Head of Legal Policy

Valideus

28-30 Little Russell Street

London WC1A 2HN

United Kingdom

E: susan.payne at valideus.com<mailto:susan.payne at valideus.com>

www.valideus.com<http://www.valideus.com>

Liability cannot be accepted for statements made which are clearly the sender's own and not made on behalf of Valideus.

This message is intended solely for the addressee and may contain confidential information. If you have received this message in error, please send it back to us, and immediately and permanently delete it. Do not use, copy or disclose the information contained in this message or in any attachment.

Valideus Ltd is registered in England and Wales with company number 06181291 and VAT number 272 9057 85.  Our registered office is at 28-30 Little Russell Street, London, WC1A 2HN.

-----Original Message-----

From: GNSO-RPM-WG [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of George Kirikos

Sent: 02 January 2019 21:13

To: gnso-rpm-wg <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>

Subject: Re: [GNSO-RPM-WG] ICE domain name seizures -- potential source of data for RPM PDP?

Hi Theo,

If it was only about copyright issues, then the list will likely be useless, as I agree that it's out of our scope.

But, it's possible (as per the TechDirt article) that it was actually TM issues too, in which case ICE might have gone after cybersquatting.

One will be able to quickly determine things by looking at the actual list of domains.

In the last paragraph of the TechDirt article, the author writes:

"I've fired off a FOIA request asking for the details of these "seized" domains and the communications with those industry partners.

Should ICE ever decide to obey the law and respond to the FOIA, we'll share it here."

But, perhaps someone else here already has the list and is allowed to publish it.

Sincerely,

George Kirikos

416-588-0269

http://www.leap.com/

On Wed, Jan 2, 2019 at 4:03 PM theo geurts <gtheo at xs4all.nl<mailto:gtheo at xs4all.nl>> wrote:

>

> Hi George,

>

> Is a full list going to help us here? ICE is focussed on copyright "issues."

> Sure we can discuss if they do it correctly or not, but it seems to be

> out of our scope.

> Our bylaws are pretty clear, not to mention;

> https://www.icann.org/news/blog/icann-is-not-the-internet-content-poli

> ce

>

> Feel free to correct me, I somewhat lost track of this group, so I

> apologize in advance.

>

> Thanks,

>

> Theo Geurts CIPP/E

>

>

> On 2-1-2019 17:48, George Kirikos wrote:

> > Hi folks,

> >

> > Happy New Year.

> >

> > There was news about ICE seizing over 1 million domain names, see:

> >

> > https://www.ice.gov/news/releases/over-million-websites-seized-globa

> > l-operation

> >

> > https://www.techdirt.com/articles/20181213/18030341224/ice-seizes-ov

> > er-1-million-websites-with-no-due-process-apparently-unaware-that-co

> > pyright-trademark-are-different.shtml

> >

> > I was curious whether anyone (maybe a registrar, registry, or TM

> > holders who were involved, i.e. the "industry partners") has and can

> > share the complete list of domain names that were seized, as that

> > might be a potential source of data for our work.

> >

> > Sincerely,

> >

> > George Kirikos

> > 416-588-0269

> > http://www.leap.com/

> > _______________________________________________

> > GNSO-RPM-WG mailing list

> > GNSO-RPM-WG at icann.org<mailto:GNSO-RPM-WG at icann.org>

> > https://mm.icann.org/mailman/listinfo/gnso-rpm-wg

_______________________________________________

GNSO-RPM-WG mailing list

GNSO-RPM-WG at icann.org<mailto:GNSO-RPM-WG at icann.org>

https://mm.icann.org/mailman/listinfo/gnso-rpm-wg

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rpm-wg/attachments/20190104/b484741c/attachment-0001.html>