[council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements

Mon Jun 24 10:52:15 UTC 2019

Just to follow up on Tatiana’s intervention today, I also think this is 100% ICANN org work, daily for operational reasons. As Council we can help to find the proper channels of information, but I think ICANN Org is in a far better position to say how to set up regular update system of relevant legislative and judiciary (legal?) norms to the DNS ecosystem of each country. 

Community can help to fund the best legal firms, NGOs or Government official, so staff can interact with and have an automated or quick way to monitor the legal risks that could impact our work. Not leaving this to ICANN org has the risk of becoming irrational, inefficient and yet another power struggle with GAC, when it should be a very data driven oriented work, where in the best scenario we can all review, analyze and even provide further input, but the base is there and general big thing won’t sneak up on us.

Best,

Martin Silva Valent

mpsilvavalent at gmail.com

Partner | Silva.legal
martin at silva.legal

Director | Dat.as
martin.silva at dat.as

Skype ID: mpsilvavalent
Tel: +5491164993943
Libertador 5990, Off. 406
Buenos Aires, Argentina.

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> On Jun 24, 2019, at 10:22 AM, Martin Pablo Silva Valent <mpsilvavalent at gmail.com> wrote:
> 
> In LAC I would need to reach out to a lot of folks, so I can have a country by country update. If I had ICANN power to follow that is absolutely doable. To have an excel with each country initiatives, receiving three reports from each country, one from a big law firm and another one from a civil society NGO with legal activism and a last one from a government representative:
> 
> In the region there is relevant activity in the following areas that could impact DNS operations (there are others, I am sure, but this I know for a fact exist in several jurisdictions):
> 	
> - New Data Privacy laws, some of them as ripples of the GDPR in Europe
> - Intermediary Liability laws and Supreme Court precedents, to either filter, control o provide protections to third parties right, image, IP, fake news, etc.
> - Trademark or Domain Name laws, INCLUDING Treaties. (Some Free trade agreements in LatAm have DNS provision to address trademark protection, as they might also have Data Protection or Intermediary Liability provisions)
> - Ciber-crime laws, might also put special strains in the infrastructure law requirements in legal investigations, from scams to child protection. 
> 
> Best,
> 
> Martin Silva Valent
> 
> mpsilvavalent at gmail.com <mailto:mpsilvavalent at gmail.com>
> 
> Partner | Silva.legal
> martin at silva.legal <mailto:martin at silva.legal>
> 
> Director | Dat.as
> martin.silva at dat.as <mailto:martin.silva at dat.as>
> 
> Skype ID: mpsilvavalent
> Tel: +5491164993943
> Libertador 5990, Off. 406
> Buenos Aires, Argentina.
> 
> Este email, incluyendo adjuntos, podría contener información  confidencial protegida por ley y es para uso exclusivo de su destinatario. Si  Ud. no es el destinatario, se le advierte que cualquier uso, difusión, copia o  retención de este email o su contenido está estrictamente prohibido.  Si Ud.  recibió este email por error, por favor avise inmediatamente al remitente por  teléfono o email y borre el mismo de su computadora. / This  e-mail, including any attachments, may contain information that is protected by  law as privileged and confidential, and is transmitted for the sole use of the  intended recipient. If you are not the intended recipient, you are hereby  notified that any use, dissemination, copying or retention of this e-mail or the  information contained herein is strictly prohibited. If you have received this  e-mail in error, please immediately notify the sender by telephone or reply  e-mail, and permanently delete this e-mail from your computer system. 
> 
>> On Jun 23, 2019, at 6:37 PM, Erika Mann <erika at erikamann.com <mailto:erika at erikamann.com>> wrote:
>> 
>> Dear Steve - 
>> 
>> I believe I forwarded such information about regulatory initiates, that I believe ICANN should look into, already - in case I forgot, apologies.  I will review my old list and will update it with new and relevant information. 
>> 
>> The most important initiatives for ICANN are the following in the European Union:
>> - Transposition of the European Union Copyright Directive into national laws. The European Union legislation will not be transposed into national laws identically. This may cause difficulties for some of ICANNs stakeholders.
>> - NEW - review of the eCommerce Directive. Danger is that the existing liability exemptions for Internet providers, operators, will fall. 
>> - New obligations to monitor and censor harmful content. Various initiatives currently under legal considerations, in particular in the UK, France and, to some degree, in the EU.
>> 
>> Kind regards, 
>> Erika
>> 
>> On Sun, Jun 23, 2019 at 6:02 PM Steve Chan <steve.chan at icann.org <mailto:steve.chan at icann.org>> wrote:
>> Dear Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana,
>> 
>>  
>> 
>> In reviewing the Council’s action items, we recognized that the item below is still outstanding:
>> 
>>  
>> 
>> Small group of Councilors to develop draft message to ICANN Org to provide input on legislative tracker. Based on feedback, Council leadership to consider scheduling follow up discussion at ICANN65. 
>> 
>>  
>> 
>> We wanted to bring this to your attention, as you all volunteered to work on this item. While the latter part of the action item (e.g., engaging at ICANN65) is likely impractical at this point, you may still want to draft a message to send to ICANN org. As Keith noted, please work together and let staff know if you need any assistance.
>> 
>>  
>> 
>> Best,
>> 
>> Steve
>> 
>>  
>> 
>> From: council <council-bounces at gnso.icann.org <mailto:council-bounces at gnso.icann.org>> on behalf of "Drazek, Keith via council" <council at gnso.icann.org <mailto:council at gnso.icann.org>>
>> Reply-To: "Drazek, Keith" <kdrazek at verisign.com <mailto:kdrazek at verisign.com>>
>> Date: Thursday, April 4, 2019 at 7:35 PM
>> To: "council at gnso.icann.org <mailto:council at gnso.icann.org>" <council at gnso.icann.org <mailto:council at gnso.icann.org>>
>> Cc: "gnso-secs at icann.org <mailto:gnso-secs at icann.org>" <gnso-secs at icann.org <mailto:gnso-secs at icann.org>>
>> Subject: [council] ICANN's Legislative/Regulatory Tracker -- Recommended Improvements
>> 
>>  
>> 
>> Ayden, Darcy, Erika, Flip, Michele, Phillipe and Tatiana:
>> 
>>  
>> 
>> During our GNSO Working Session in Kobe, the seven of you volunteered to help develop GNSO Council recommendations for improvements to ICANN’s current Legislative/Regulatory tracking effort.
>> 
>>  
>> 
>> As we discussed, ICANN’s work in this area is relatively new and still evolving, and we have an opportunity to engage with Theresa’s group to help shape their approach to ensure it is applicable to our policy work and process management responsibilities. While their work product is currently a spreadsheet, I recall we agreed it needs to go much deeper in analysis and demonstrate a predictive capability for where future or existing regulations impact GNSO policies, in effect now or under future development.
>> 
>>  
>> 
>> Please work together and with Staff to help kick off this important and timely work.
>> 
>>  
>> 
>> Thanks,
>> 
>> Keith
>> 
>>  
>> 
>>  
>> 
>>  
>> 
>>  
>> 
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