Re: [lac-discuss-en] [lac-discuss-es] Senate Letter to ICANN Chairman re China
Thanks to God was not this guy who won the indication to run for presidency,
not that who won was much better but his one â.
Vanda Scartezini
Polo Consultores Associados
Av. Paulista 1159, cj 1004
01311-200- Sao Paulo, SP, Brazil
Land Line: +55 11 3266.6253
Mobile: + 55 11 98181.1464
Sorry for any typos.
From:
"lac-discuss-es-bounces@xxxxxxxxxxxxxxxxxxxxxxx<mailto:lac-discuss-es-bounces@xxxxxxxxxxxxxxxxxxxxxxx>"
on behalf of
"lac-discuss-es@xxxxxxxxxxxxxxxxxxxxxxx<mailto:lac-discuss-es@xxxxxxxxxxxxxxxxxxxxxxx>"
Reply-To: Ron Baione
Date: Friday, March 4, 2016 at 1:44 AM
To: LACRALO list, LACRALO list
Cc: LACRALO list,
"lac-discuss-es@xxxxxxxxxxxxxxxxxxxxxxx<mailto:lac-discuss-es@xxxxxxxxxxxxxxxxxxxxxxx>"
Subject: [lac-discuss-es] Senate Letter to ICANN Chairman re China
The Senate Letter to the ICANN Chairman re China:
"UNITED STATES SENATE
Sen. Ted Cruz Press Office
FOR IMMEDIATE RELEASE
Cruz Press Office: 202-228-7561
Rachael Slobodien:
rachael_slobodien@xxxxxxxxxxxxxxx<mailto:rachael_slobodien@xxxxxxxxxxxxxxx>
Phil Novack: phil_novack@xxxxxxxxxxxxxxx<mailto:phil_novack@xxxxxxxxxxxxxxx>
March 3, 2016
Cruz, Lankford, and Lee Raise New Concerns About ICANNâs Relationship with
Authoritarian China
Senators send letter to ICANN Chairman Dr. Stephen Crocker
WASHINGTON, D.C. â U.S. Sens. Ted Cruz (R-Texas), James Lankford (R-Okla.), and
Mike Lee (R-Utah) today sent a letter to Internet Corporation for Assigned
Names and Numbers (ICANN) Chairman Dr. Stephen Crocker, outlining new concerns
that ICANN may have a direct operational relationship with the Chinese
government and its potential implications for an Internet transition that ICANN
is expected to approve in Morocco next week.
Todayâs letter to Dr. Crocker follows a letter Cruz, Lankford, and Lee sent to
ICANNâS CEO Fadi Chehadà last month. The letter to Mr. Chehadà stated serious
concerns and requested information regarding his involvement with the World
Internet Conference, organized by the Chinese government, a regime notorious
for its censorship of the Internet and criminalization of forms of online
speech.
âLast month, we sent you a letter stating our concerns regarding ICANN CEO Fadi
ChehadÃâs participation in the Chinese-government-sponsored World Internet
Conference,â the senators wrote today. âMr. ChehadÃâs participation resulted in
an agreement to co-chair a high-level advisory committee for the conference,
which could make ICANN complicit in the Chinese censorship regime. Since
sending our letter, additional evidence has come to light suggesting that
ICANNâs relationship with the Chinese government may be a systemic problem
within the organization itself and not limited to a single individual.â
Read the latest letter from Sens. Cruz, Lankford, and Lee to ICANN officials in
its entirety here and below:
March 3, 2016
Dr. Stephen D. Crocker
Chairman of the Board of Directors
Internet Corporation for Assigned Names and Numbers (ICANN)
12025 Waterfront Drive, Suite 30
Los Angeles, CA 90094-2536
Dear Dr. Crocker,
Last month, we sent you a letter stating our concerns regarding ICANN CEO Fadi
ChehadÃâs participation in the Chinese-government-sponsored World Internet
Conference. Mr. ChehadÃâs participation resulted in an agreement to co-chair a
high-level advisory committee for the conference, which could make ICANN
complicit in the Chinese censorship regime. Since sending our letter,
additional evidence has come to light suggesting that ICANNâs relationship with
the Chinese government may be a systemic problem within the organization itself
and not limited to a single individual.
A review of the past few years reveals that ICANN may have a direct operational
relationship with the Chinese government. As you know, in April 2013, ICANN
hosted its 46th public meeting in Beijing. According to your remarks, one of
the hosts of ICANNâs meeting was Mr. Shang Bing, Vice Minister of the Ministry
of Industry and Information Technology. As you must be aware, the Chinese
governmentâs Ministry of Industry and Information Technology (MIIT) is not only
a central component of Chinaâs censorship regime, but it has pressured American
companies such as IBM, Microsoft, and Apple to reveal their productsâ
proprietary source code to ministry officials. Just recently, MIIT issued new
regulations that will restrict foreign companies, including those based in the
United States, from sharing digital content ranging from text to games to video.
Nevertheless, ICANN CEO Fadi Chehadà stated in his opening remarks, âChina is
going to be a central part of where the Internet community, as we know it, is
heading. And, therefore, in my clear discussions with the local responsible
ministers, that from ICANNâs standpoint, engagement with China is not an
option. It is not an option. If we do not engage with China at every level of
our community, we, frankly, lose a part of our global legitimacy. We must and
we will. And thatâs why weâre here today.â
In addition, ICANN announced during the meeting that it would open its first
global engagement office in Beijing, which would be undertaken by the China
Internet Network Information Center (CNNIC)âan organization that has not only
helped implement Chinese censorship but is led by the Director of the Bureau of
Telecommunications Regulation which is a part of MIIT.At the time of the
announcement, Madame HU Qiheng, Honorary Chairman of CNNICâs Steering Committee
stated that the âICANN Engagement Center-Beijing would be not only a new link
for ICANN to better develop and promote China's Internet community, but also a
new platform for China's Internet community to better contribute to the
development of the global Internet.â
The establishment of an official ICANN office in Beijing is extremely
concerning and should have raised red flags within the United States
Government. Especially considering CNNICâs statement that it would âinvest
necessary human and material resources in the construction of the center and
actively carry out its functions including the coordination, communication, as
well as operation in order to provide effective, long-term and stable services
for ICANN to serve Chinaâs Internet industry.â
To further put this decision into context, at the time of the announcement,
Freedom House, an independent watchdog organization dedicated to the expansion
of freedom and democracy around the world, ranked China in their report
âFreedom on the Net 2013â just above Iran and Cuba on Internet freedom. And
since ICANN opened its Engagement Center in Beijing, Chinaâs record on Internet
freedom has declined and was ranked last in the world in 2015.
The following year, in June 2014, just three months after the Obama
Administration announced its intent to transition key Internet domain name
functions away from United States oversight, ICANN held its 50th public meeting
in London, England. During the meeting, ICANN invited Lu Wei, Minister of the
Cyberspace Administration of China, to provide an address during the opening
ceremony. According to his official resume, Lu Wei also serves as the vice
chair of the Central Propaganda Department.â The Chinese government also
announced in December 2014 that Lu Wei would become the new chairperson of
CNNICâthe very organization that had claimed to be operating ICANNâs global
engagement office in Beijing. Given Weiâs central role within the Chinese
government, it is not surprising that he supports the Obama Administrationâs
plan to end United States Government oversight and further globalize ICANN.
Repeating a similar pattern to the 2013 meeting in Beijing, ICANN once again
chose to further align itself with the Chinese government. During the London
meeting, ICANN announced that it had signed a Memorandum of Understanding with
the China Academy of Telecommunication Research (CATR), which is a unit of MIIT
and is the official think tank of the Chinese government. In the announcement,
ICANN CEO Fadi Chehadà stated, âThis marks another milestone in ICANN's
globalization efforts after we established our first engagement center in
Beijing last Aprilâ.This partnership is a testament to how Chinaâa country with
over one fifth of the global Internet population and a vibrant Internet
industryâcan engage and contribute in the ICANN global community.â A few of
the stated objectives of the Memorandum of Understanding are to promote the
Chinese communityâs participation in ICANN, align academic and public research,
and improve ICANNâs communication with Chinese communities and deepen the
understanding of ICANN by the Chinese government, media and, industry.
This history leads us to a more recent issue that is currently under
consideration by ICANN. XYZ.COMLLC (âXYZâ), a U.S. based registry operator, has
submitted a Registry Services Evaluation Policy (RSEP) request to ICANN seeking
approval to become the first foreign registry to operate within China. If
ICANNâs Board of Directors approves this request, it will allow XYZ to become a
complicit actor with Chinaâs censorship regime.
For example, XYZ will have to comply with Article 27 of Chinese Internet domain
name regulations, Chinaâs Constitution, and all other applicable laws, rules,
and administrative regulations pertaining to Internet domain names. According
to Article 27, any domain name registered or used by any organization or
individual shall not include content that âare against the basic principles
prescribed in the Constitution; jeopardize national security, leak state
secrets, intend to overturn the government or disrupt of state integrity; harm
national honor and national interests; instigate hostility or discrimination
between different nationalities, or disrupt the national solidarity; violate
the state religion policies or propagate cult and feudal superstition; spread
rumors, disturb public order or disrupt social stability; spread pornography,
obscenity, gambling, violence, homicide, terror or instigate crimes; insult,
libel against others and infringe other peopleâs legal rights and interests; or
other contents prohibited in laws, rules and administrative regulations.â
Furthermore, XYZ will also have to comply with Article 34 and Article 35 of the
Chinese Internet domain name regulations. Article 34 states that, â[i]n case
the domain name is in violation of the provisions and the relevant laws and
regulations,â XYZ âshall delete it and notify the domain name holder in written
form.â Additionally, Article 35 states the requirement that âDomain Name
Registry and Domain Name Registrars have the obligation of conducting website
inspection in concert with the national governing departments, and request to
suspend or cease the resolution service of the domain name concerned.â
There is additional concern within ICANNâs Generic Names Supporting
Organization (âBusiness Constituencyâ), the business constituency group which
represents commercial users of the Internet within ICANN. The Business
Constituency has raised concerns that aspects of XYZâs RSEP are too vague and
need additional clarification. For example, the term âChinese registrantâ is
too broad and could be interpreted to allow the extraterritorial application of
Chinese censorship law to include residents of Hong Kong, a special
administrative region within the Peopleâs Republic of China. The Business
Constituency also emphasized that âgovernment-sponsored censorship of domain
names for political purposes undermines a stable Internet ecosystem that
promotes end-user confidence as a safe place to conduct business. It also
limits the free flow of data and information, on which business users of the
Internet rely in delivering services to end users.â
We know that XYZ will comply with Chinese law. Indeed, it affirmed this
commitment in its initial RSEP, which was filed with ICANN on October 9, 2015.
Even though this RSEP was pulled at a later date, it described how a registry
operator must comply with foreign laws. In the RSEP, XYZ stated, âif we receive
a specific notification that the registration of the name is illegal in China,
we will treat it the same as we treat any notification from any other
government that a registration is illegal. Specifically, we will cancel the
registration pursuant to our anti-abuse policies which allow us toâcancel,
...any registration or transaction ... to comply with any applicable laws,
government rules or requirements, requests of law enforcement, or any dispute
resolution process.â This is identical to our current treatment of complaints
from governments about illegal domain name registrations.â
It is deeply troubling that ICANN would put registry operators in a position of
becoming an actor within the Chinese censorship regime. There is concern that
this action could be an example of ICANNâs desire to build a close relationship
with the Chinese government which could continue to move in a troubling
direction once the United States Government ends its oversight. These concerns
were recently confirmed by a member of the Non-Connected Party Houseâs (NCPH)
Commercial Stakeholder Group who participated in a meeting with ICANN in
February 2016 and stated, âThe ICANN board wants to engage more with China and
India following the IANA transition, which somewhat explains the boardâs
decision not to take action against ChehadÃ.â
In order to gain a better understanding of the potential implications of
ICANNâs relationship with the Chinese government and its impact on the Internet
Assigned Numbers Authority (IANA) transition, we request that you provide a
response to the following questions as soon as possible, but no later than 9:00
a.m. on Friday, March 11, 2016.
1. Please state when you first learned that ICANN CEO Fadi Chehadà had
agreed to co-chair a high-level advisory committee for the Chinese governmentâs
state-sponsored World Internet Conference.
a. Please provide a yes-or-no answer to the following question: Did you
agree with Fadi ChehadÃâs decision to co-chair a high level advisory committee
for the World Internet Conference?
b. Did ICANNâs Board of Directors approve of Fadi ChehadÃâs decision to
co-chair a high level advisory committee for the World Internet Conference?
c. Did any member of ICANNâs Board of Directors ask Fadi Chehadà to step
down from his position as CEO and President of ICANN?
d. Please provide the meeting minutes, attendance records, and all other
documents associated with ICANNâs Board of Directorsâ meeting(s) with Fadi
Chehadà in which his commitment to co-chair a high level advisory committee for
the World Internet Conference was discussed.
2. Please provide a yes-or-no answer to the following question: It has
been reported that ICANNâs Board of Directors took no action against Fadi
Chehadà because â[t]he view eventually prevailed that no reactive action should
be taken lest China lose face.â Did ICANN refrain from taking action against
Fadi Chehadà due to concern that China may lose face?
3. Fadi Chehadà has been called on to recuse himself from all discussions
and negotiations pertaining to the IANA transition given a confirmed personal
conflict of interest with the Chinese government. Has ICANN taken any action to
ensure that Fadi Chade will recuse himself from the IANA transition? If no,
please describe the reason for ICANNâs inaction.
4. During ICANNâs 46th public meeting in Beijing, Fadi Chehadà stated,
âChina is going to be a central part of where the Internet community, as we
know it, is heading. And, therefore, in my clear discussions with the local
responsible ministers, that from ICANNâs standpoint, engagement with China is
not an option. It is not an option. If we do not engage with China at every
level of our community, we, frankly, lose a part of our global legitimacy. We
must and we will. And thatâs why weâre here today.â Do you agree with the
statement that ICANN will lose part of its global legitimacy if it does not
engage with China at every level of the community?
5. When ICANN announced it was opening its first global engagement office
in Beijing, the China Internet Network Information Center (CNNIC) stated that
it would âinvest necessary human and material resources in the construction of
the center and actively carry out its functions including the coordination,
communication, as well as operation in order to provide effective, long-term
and stable services for ICANN to serve Chinaâs Internet industry.â Please
provide yes-or-no answers to the following questions:
a. Did CNNIC invest human and material resources in the construction of
ICANNâs global engagement office in Beijing?
b. Is CNNIC actively carrying out the functions, coordination,
communication, or operation of ICANNâs global engagement office in Beijing?
c. Do any individuals associated with CNNIC or the Chinese government
have a formal or informal role in ICANNâs global engagement office in Beijing?
6. ICANN currently lists the address for each hub office and engagement
office on its website except for the engagement office in Beijing. Please
provide the address of ICANNâs engagement office in Beijing.
7. When Lu Wei, Minister of the Cyberspace Administration of China and
Incumbent Vice Minister of the Central Propaganda Department, assumed the role
of the Chairperson of CNNIC in December 2014, did ICANN take any action to
ensure that its global engagement office in Beijing was not being used to carry
out censorship for the Chinese government?
8. Do you agree with the Business Constituencyâs concern that the term
âChinese registrantâ in XYZâs RSEP is too broad and could be interpreted to
allow the extraterritorial application of Chinese censorship law to include
residents of Hong Kong?
9. Do you agree that approval of XYZâs RSEP will place XYZ in a position
of having to comply with government-sponsored censorship of domain names for
political purposes, which will undermine a stable Internet ecosystem?
10. A member of the Non-Connected Party Houseâs (NCPH) Commercial Stakeholder
Group recently stated, âThe ICANN board wants to engage more with China and
India following the IANA transition, which somewhat explains the boardâs
decision not to take action against ChehadÃ.â
a. Please describe ICANNâs plans for engagement with China following a
potential IANA transition.
b. Did ICANNâs post IANA transition plans with China play any role in the
decision not to take action against Fadi ChehadÃ?
We appreciate your cooperation in this very important matter and look forward
to your response at the stated date and time. Please contact Sean McLean
(Senator Cruz), Sarah Seitz (Senator Lankford), and Christy Knese (Senator Lee)
of our staffs if there are any questions regarding this request.
Sincerely,
[Signed by Senators Cruz, Lee and Lankford]
cc: Mr. Fadi ChehadÃ, Chief Executive Officer, Internet Corporation for
Assigned Names and Numbers
The Honorable Lawrence E. Strickling, Assistant Secretary for Communications
and Information, U.S. Department of Commerce"
Ron
________________________________
From: crg@xxxxxxxxxxx<mailto:crg@xxxxxxxxxxx>
<crg@xxxxxxxxxxx<mailto:crg@xxxxxxxxxxx>>;
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Subject: Re: [lac-discuss-en] SPACE LAC invitation & schedule
Sent: Fri, Feb 26, 2016 5:38:43 PM
[[--Translated text (es -> en)--]]
Subject: Re: SPACE LAC invitation & schedule
from: crg@xxxxxxxxxxx<javascript:return>
On Monday I guess?
I can not read QR ...... with my eyes yet.
Carlos Raul Gutierrez
+506 8837 7176
Skype: carlos.raulg
Current offset UTC: -6.00 (Costa Rica)
On February 26, 2016, at 11:13 Scartezini Vanda wrote:
> Remember that there will be remote participation as all other session
> during ICANN meeting !!
> [cid:325DC01B-5F5B-4936-9CF0-44D2E5172EE7]
>
> Vanda Scartezini
> Polo Consultores Associados
> Av. Paulista 1159, cj 1004
> 01311-200- Sao Paulo, SP, Brazil
> Land Line: +55 11 3266.6253
> Mobile: + 55 11 98181.1464
> Sorry for any typos.
>
> _______________________________________________
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