Showing posts with label Temp Spec. Show all posts
Showing posts with label Temp Spec. Show all posts

2019-02-03

News Review | ICANN EPDP Dysfunction & Burnout, Report Delayed

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2019-02-03 with analysis and opinion: Features •  1) ICANN EPDP Dysfunction & Burnout, Report Delayed, 2) EPDP Meetings, 3) ICANN & Belgium's DPA, 4) ACTO, ICANN & .AMAZON, 5) Dot COM Dominates Aftermarket, 6) ICYMI: Internet Freedom, Data Protection, Internet Shutdowns, Google Public Policy Fellowships, 7) Most Read.

UPDATE FEB 5: EPDP Schedule changes a) Final Report 'drop dead date' now Feb 25 (revised timeline embed below). b) EPDP Plenary Meetings this week changed to Tuesday Feb 5, Wednesday Feb 6, Thursday Feb 7, starting at 14:00 UTC (9am EST). Observers: Adobe Connect. More info at 2) below.

4 Feb 2019 Letter (pdf) from ICANN CEO Goran Marby to GNSO Council Chair Keith Drazek:

UPDATES Feb 3-4, 2019: 
EPDP Consensus Call #1 email from EPDP Chair Kurt Pritz with attachment embed below:

EPDP Consensus Call #2 email from EPDP Chair Kurt Pritz with attachment embed below:  

Original Post:
1. EPDP Dysfunction & Burnout, Final Report (Phase I) Delayed:
[GNSO-EPDP-Team mail list] "Extreme workload warning!"
"While I understand that we have a deadline to meet, and we do not wish to push any more work than absolutely necessary to the next phase of our WHOIS policy development, I would like to push back on the amount of activity that we are now expected to join over the next couple of weeks in order to push the EPDP final report over the finish line. Many of us have busy lives beyond ICANN, and cannot drop everything to attend 4 three hour plenary meetings a week, let alone the other small team meetings (and respond to the list). Given that we have achieved really only a modest level of consensus on our policy recommendations to date, I would like to register a very strong warning that we will not accept changes to the text that have not been agreed in full committee with full attendance. This appears to be a golden opportunity for those who are being paid to work full time on lobbying for certain outcomes, to insert or reinsert their favorite language into the text. In the name of maintaining the integrity of the multi-stakeholder process, flawed as it undoubtedly is, let us resist this and accept the fact that we cannot fix in our last couple of weeks what we lingered over for months."--Stephanie Perrin, EPDP member and NCSG Chair, EPDP Mail List, Jan 28, 2019.
"I’d like to echo Stephanie’s concerns ... After two weeks of being AWOL (ePDP Toronto and GNSO Los Angeles), my employer is anxious for me to turn my attention to my real job.  I will not be joining the additional sessions next week, nor do I recall our discussing or agreeing to this ask."--James Bladel, EPDP member (GoDaddy, RrSG), EPDP Mail List, Jan 28, 2019.
Hi James and everyone: I got it. I am at NamesCon and spent the ride to the airport this morning on a EPDP staff call and have been holed up in my room typing up legal issues since I arrived. I haven’t sold (or bought) a domain name yet. The additional sessions are not a requirement; invitations were sent as placeholders as a heads up, but there is no confirmation yet on whether we go ahead with these or whether they are needed. Let’s discuss the go-forward plan on the call tomorrow - although we might not have a Plan B in place by then - we can at least generate a joint understanding of status and final objective. Thanks (Stephanie and James) for this interjection. Best regards, Kurt [Pritz, EPDP Chair (appointed by the GNSO Council)] EPDP Mail List Jan 28, 2019.
EPDP Timeline as of Jan 28, 2019 (pdf) now REVISED as of Feb 4, embed below:

Updated Editor's note: the EPDP's "drop dead date" is Feb 11 25, 2019, for submission of the final report to the GNSO Council.

2) ICANN EPDP Meetings for Week Ending Feb 9, and Weekly Recap
Updated: EPDP Plenary Meetings are now scheduled for Tuesday Feb 5, Wednesday Feb 6, Thursday Feb 7,  Friday Feb 8, at 14:00 UTC (9am EST) (schedule subject to change).

Notes and action items from the Thursday, Feb 7, 2019, EPDP meeting here.

Observers may use Adobe Connect, or audiocast via browser / app. Links: Draft Final Report info, EPDP Initial Report (pdf) and public comments to the Initial Report; PCRT Public Comment Review Tool; GNSO Council EPDP page and updates; links to EPDP meeting transcripts and recordings are on the GNSO calendar. Other EPDP links: wiki; mail list; action items; Temp Spec; EPDP Charter (pdf); Data Elements Workbooks (pdf), packet (pdf) small team agreements, ICANN's legal memo on Controllership (pdf), Bird & Bird legal memos are here.

EPDP recap for week ending Feb 2: Jan 29 EPDP meeting wiki page and Jan 31 EPDP meeting wiki page, notes and action items here; Legal committee Jan 30, and Data Elements group Jan 29 (5 EPDP team members + Pritz) and Jan 31 (4 EPDP team members + Pritz).

The Most Important EPDP development has been the legal advice provided by Ruth Boardman, Bird & Bird, to the select few members of the EPDP "legal committee" but finally made available to the full EPDP working group on Friday, Feb 1, 2019, here and here (note: more legal advice may be forthcoming). So far, the EPDP team has been advised:
  • relevant parties could be subject to liability if a registrant wrongly self-identifies as a legal person (and not a natural person) and the registrant's data is disclosed in reliance on this self-identification;
  • where the RNH [registrant] and the technical contact are not the same person, relying on the RNH to provide notice on the registrar's behalf will not meet GDPR's notice requirements if the RNH fails to provide the notice;
  • it is not clear if the contractual necessity condition [GDPR Article 6(1)(b)] can only apply where there is a contract between data controller and data subject;
  • "What is 'necessary' is interpreted strictly. We do not think that the EPDP could successfully argue that preventing DNS abuses is 'necessary' for the contract with the RNH" [registrant]. 

More info on Jan 29 and 31 EPDP meetings on last week's News Review, but the following from the Jan 29 transcript (pp. 54-57)  gives an indication of what's going on:
Milton Mueller: "As I said, I think we need to clarify with the legal counsel whether ICANN can, as controller, and ICANN needs to decide whether it’s a controller here of course, but assuming it is, then the fact that it doesn’t have the data doesn’t necessarily mean that it can request it if [it] is the controller, so we need legal advice on that and whether that’s actually – needs a distinctive purpose. But, you know, that’s not a third party access issue under any construction, that’s ICANN getting data about its own system and doing research on it, which we support but we don't want it in Purpose 2."
Kurt Pritz: Thanks, Milton. Alan, go ahead – Alan Greenberg. 
Alan Greenberg: "Yes, thank you. I misspoke before when I said it could go into Purpose 2; I’d forgotten that Purpose 2 is third parties right now so it cannot be Purpose 2. ICANN under no conditions is a third party. We can fix it, however, either by adding a new purpose or simply modifying Purpose 2 to say to third parties for legitimate lawful purposes, or to ICANN, and then add a processing activity for it. So we could make Purpose 2 apply to ICANN as well if people – if that’s offensive to people then it probably has to be a new purpose not because we need a purpose for ICANN doing the processing of the data but to ensure that it can be sent to ICANN. So it’s not the processing that’s the purpose, it’s the transmission to ICANN that we have to ensure is enshrined in some purpose. So we can fix 2 by adding ICANN as an Other recipient in addition to third parties. I can't see anywhere else it fits. I wouldn’t want to put it into 5 because 5 is very much a compliance one and this is not a compliance issue. Thank you."
Kurt Pritz: Thanks, Alan. ....
Farzaneh Badii: "Thank you, Kurt. Farzaneh speaking. So I think that we are really getting confused because we keep repeating and digging up issues that – and questions that we have responded to multiple times ..." [Editor's note: and so it goes.]
3) Status of ICANN’s exchanges with Belgium's Data Protection Authority (DPA)
Excerpt from 27 Jan 2019 Letter from ICANN GDD Cyrus Namazi (pdf)  
Video interview with Willem Debeuckelaere, President of Belgium's DPA, at European Data Protection Days in Berlin in May 2018:

More info at: edpd-conference.com. Editor's note: ICANN has its sole EU office in Brussels, Belgium, and therefore Belgium's Data Protection Authority (DPA).is the "lead supervisory authority" over ICANN, stated Mr. Debeuckelaere in his letter, adding: 
"Finally, I wish to note that the GDPR places responsibility for compliance with the provisions of the GDPR upon the (joint) controller(s). It does not provide for a system of prior consultation, except in the case of article 36. It also does not foresee the possibility of prior approval, except in the cases mentioned by articles 40 (codes of conduct) and 47 (binding corporate rules)." 
See also:
"Use of WHOIS Data .... We also have some concerns about whether the practice of having the DAAR collection system query registration data is compliant with GDPR and other privacy regulations. Such queries would require a disclosure of personal data that has not previously been contemplated and could have significant repercussions for both registry operators and ICANN."--gTLD Registries Stakeholder Group (RySG) comments (link above) (emphasis added).

4) Other ICANN News: ACTO, ICANN & .AMAZON
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
28 January 2019 Letter (pdf) from Alexandra Moreira Lopez, Secretary General, Amazon Cooperation Treaty Organization (ACTO), to GAC Chair Manal Ismail re: New gTLD Applications for .AMAZON:

5) Names, Domains & Trademarks: Dot COM Dominates Aftermarket
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
GoDaddy 2019 aftermarket domain trends and NamesCon keynote | slideshare.net excerpt:

6) ICYMI Internet Domain News: Internet Freedom, Data Protection, Internet Shutdowns and Google Public Policy Fellowships
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
Has the internet afforded humans more freedom, or less?--Social-Media Outrage Is Collapsing Our Worlds--The internet once made it easier to slip from one domain to another. Is there a way to preserve that vital freedom?--theatlantic.com.

Google and IAB ad category lists show ‘massive leakage of highly intimate data,’ GDPR complaint claims--techcrunch.com.

Ireland questions Facebook’s plan to merge Messenger, Instagram, and WhatsApp--previous data-sharing proposals have ‘given rise to significant data protection concerns’--theverge.com.

Dr Paul Vixie, Farsight Security, on pushing back against cyber criminals--Tech Radio via Soundcloud.com.

African governments use internet shutdowns to silence opposition more and more--what can people do?--euronews.com. See also Zimbabwe President Mnangagwa Justifies Internet Shut Down, Although “He Deeply Believes In Freedom Of Speech And Expression”--techzim.co.zw.

Venezuela: The Committee to Protect Journalists have called on Venezuelan authorities to stop blocking news outlets and to ensure that access to the internet is available amid the country's political crisis and widespread protests--cpj.org.

Applications are open for the Google North America Public Policy Fellowship--all applications must be received by 12:00 p.m. EST, Friday, February, 15th. More information about Google Public Policy Fellowships, including in Latin America, Europe, Middle East, and Africa, here.

7) Most Read this past week on DomainMondo.com: 
graphic "Domain Mondo" ©2017 DomainMondo.com



-- John Poole, Editor • Domain Mondo 

feedback & comments via twitter @DomainMondo


DISCLAIMER

2018-09-16

News Review: GDPR, EPDP Dysfunction, ICANN's Flawed Temp Spec

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2018-09-16) with analysis and opinion: Features •  1) GDPR, EPDP Dysfunction, ICANN's Flawed Temp Spec, 2) Other ICANN news: a.GDPR Webinar, b. BAMC, c. .PHARMACY breach, 3) Names, Domains & TMs: a) PIR Registry, b.Namecheap, 4) ICYMI: China, EU, Google, Blockchain & Internet Freedom, 5) Most Read.

UPDATE Sep 17, 2018: ICANN Loses Again in Appellate Court in Germany
 Appellate Court of Cologne Order in ICANN vs EPAG Domainservices, GmbH
ICANN v. EPAG Domainservices, GmbH (EPAG is a Tucows affiliate)--Appellate Court of Cologne: "The plea of remonstrance of 17 August 2018 filed by the Applicant [ICANN] concerning the order of the Senate of 1 August 2018 (19 W 32/18) is rejected with costs." (English translation)
Full Order in German here (pdf), full English translation here (pdf). ICANN's comment following the Court's Order: "ICANN is continuing to evaluate its next steps in light of this ruling, including possible additional filings before the German courts ..."

1) GDPR, EPDP Dysfunction, ICANN's Flawed Temp Spec 
ICANN EPDP Team Meetings coming up: Tuesday Sep 18, and Thursday Sep 20, 13:00 UTC, 9am EDT. Non-members of the EPDP Team can follow the EPDP meetings via Adobe Connect: https://participate.icann.org/gnso-epdp-observers, or audio cast via browser or application.

Editor's note: links to the transcripts, Adobe Connect recordings, and MP3 audio, will be posted in UPDATES below (as made available by ICANN). Note that links to EPDP meetings' transcripts are usually posted on the GNSO calendar within 24 hours). See also EPDP Team wiki, mail list, Temp Spec, EPDP Charter (pdf), GNSO's EPDP page, & weekly updates to GNSO Council.

>EPDP Team Meeting Thursday Sep 20, 2018 (link to meeting wiki page, slides (embed below), agenda, and documents), Adobe Connect recording, MP3, meeting transcript (pdf), notes and action items, chat transcript (pdf) embed below.

Chat transcript 9/20:

>GDPR Q&A session with Becky Burr for EPDP Team, Wednesday, 19 Sep 2018, 13:00 UTC  9:00am EDT: Q&A Google doc, Adobe Connect recording, MP3, transcript, chat transcript (pdf), Burr's slides (pdf).

>EPDP Team Meeting Tuesday Sep 18, 2018 (link to meeting wiki page, slides, agenda, and documents). Adobe Connect recording, MP3, transcript (pdf), Chat transcript (pdf) embed below, and Sep 18 meeting notes and action items.

UPDATES Sep 17, 2018: 
a. Sep 17 CBI and EPDP Team Meeting: chat transcript (pdf), Adobe Recording, MP3, transcript  (pdf). Editor's note: Let's all take a deep breath and kumbaya together next week in LA!
Thomas Rickert: "We are trying to fix a document (Temp Spec) that can hardly be fixed."
b. EPDP Team weekly update to GNSO Council (pdf) filed Sep 17, excerpts:
"In response to the question regarding how the EPDP Team’s work plan corresponds with the charter questions, the EPDP Team agendas will now include the corresponding charter questions."
"The EPDP Leadership elected to retain CBI to provide mediation and facilitation services. Mediators from CBI, who specialize in multi-stakeholder negotiation and mediation, will attend the F2F session in Los Angeles to assist the EPDP Team in making progress."
"Risk: Due the expedited timeline and associated workload, EPDP team members are struggling to provide requested input within the requested timeframe. The work plan assigns topics for each scheduled EPDP call, but the time allocated is not enough, as more discussions are needed per EPDP team members requests. This is impacting the current work plan as we have delays regarding sections, e.g., section 4.4. Attempts are made to have follow-up deliberations in mailing lists and via homework too. F2F in LA is also aimed for making more steady progress on several areas/sections and the end of it we will have a better idea if we are are able to deliver following the timeline." 
"The Team will meet with the CBI mediators on Monday, 17 September to provide input on structure and agenda for the F2F meeting in Los Angeles. On Wednesday, 19 September, Becky Burr will lead a GDPR Q&A session; accordingly, EPDP Team Members were asked to complete the IT Governance training in advance of the session with Becky Burr. The Team will continue deliberating on § 4.4 (Legitimate Purposes for Processing), review an updated data element matrix provided by Thomas Rickert and the Support Team, and begin deliberating on Appendix A (Registration Data Directory Services)." 

EPDP Highlights from last week:
EPDP Team Timeline
Kurt Pritz (the inept EPDP Chair appointed by the GNSO Council): "So here’s you know, a timeline [see above] – this is the timeline that wakes me up at three o’clock in the morning every day and so we’ll target, we’ll – for the LA meeting [Sep 24-27] we’ll target certain items that will require closure or close to closure by the end of the LA meeting so we’d meet our timeframes."--9/13 meeting transcript (pdf), p. 4. [Editor's note: Kurt Pritz has been 'out of his depth' from day one as EPDP Chair. My impression is that Pritz has largely deferred to ICANN staff in determining EPDP meeting agendas and the path of the EPDP Team thus far. Indicative of his "leadership style" is the fact that Pritz thinks he can watch TV shows and chair EPDP Team meetings at the same time! 8/30 meeting transcript, p.2]

"Yes, there is a plan to have a facilitator [mediator] attending the F2F [face-to-face] meeting in LA  and helping us there."--Rafik Dammak, GNSO Council Liaison. [Editor's note: Dammak and Pritz,  are the dynamic duo known as the "Leadership Team" of the EPDP Team or working group (WG). My impression is that, in actuality, Dammak exercises "no leadership," deferring instead to Pritz, who is deferring to ICANN staff, who most likely are deferring to ICANN's incompetent management team. This is just one more example of how dysfunctional, ICANN, and its policy processes, really are.]

"The EPDP Team should have been consulted before this [GDPR training] course was selected. We need training that addresses the very real skills gap that has delayed our work over the past few weeks; the 45-minute course that has been made available to us is too generic to be useful, and this should have been obvious to Leadership."--Ayden Férdeline (NCSG) member of both the GNSO Council and the EPDP Team. [Editor's note: nothing is "obvious" to inept "Leadership." ]

"... the inadequacy of the [GDPR] training provided [by ICANN] will contribute to the overall failure of this EPDP. It will not be the only factor, but it will be one that was within our control to correct."--Ayden Férdeline (NCSG). [Editor's note: When you have a GNSO Council member and EPDP Team member talking in early September about why this EPDP will fail, it's an obvious sign that "something is wrong."]

Keith Drazek (RySG Council Member) on the GNSO Council mail list Sep 11:
"I have joined a couple of the recent EPDP WG calls as an observer, and I have a few observations and questions we should consider. From a Council “process management” perspective, these are intended to be constructive in the hopes of ensuring success of the EPDP:
"Following the Triage exercise, the EPDP working group does not appear to be working toward answering the [gating] questions contained in the Charter in a systematic way. What was the decision process behind not following the Charter questions? When will the group return to the Charter questions? What does the WG leadership see as the ultimate outcome of this EPDP, and what do we as [GNSO] Council expect the deliverable to be? Rather than focusing on the gating questions enumerated in the Charter, the WG has been engaged in a Temp Spec red-lining exercise.  Is our expected deliverable a list of policy recommendations or a revised version of the Temporary Specification? Or both?  We should all be clear on the expected deliverable. After 12 meetings and the Triage process, there doesn’t appear to be much progress toward consensus. It seems that different groups keep restating their positions with little variation when it comes to discussing purposes. Does leadership have a plan for breaking through this and moving the ball forward? Do we as Council need to provide additional guidance or clarification? Noting that the discussion on many calls seems to meander, it might be helpful for leadership and staff to identify a goal or goals that the day’s discussion is meant to achieve, and to communicate such goal(s) to the WG prior to the call along with the agenda. Have leadership and staff developed a plan for how to structure the face-to-face meeting in Los Angeles later this month? ..."
Editor's note: the only response to Keith Drazek's cogent comments above, posted on the GNSO Council mail list, was this by Rafik Dammak, to which Keith Drazek responded Friday:
“… In creating the charter, the drafting team recognized the complexity of what the working group was being asked to do and the tight timeframe involved, and so deliberately laid out the charter questions in the mission and scope section to guide the working group through the questions it would need to answer and the steps it would need to follow to develop consensus policy recommendations to address the temporary specification.
“Am I correct in understanding your response that the [EPDP] leadership team and support staff have made the decision not to follow the path laid out in the charter? It appears, instead, that the working group is going through and deliberating on each section of the temporary specification which, as you put it, is likely to produce both redlines and policy recommendations.
“You referenced the “Discussion Summary Index” found on the working group wiki page.  While these documents contain the temporary specification language, relevant advice from DPA/EDPB correspondence, input from the triage exercise and a mapping to related charter question(s), it is not clear how those summaries are being used to help guide the group toward consensus.
“Noting the work and project plan on the working group wiki page, I’d like to understand the rationale behind deliberating section by section through the temporary specification instead of following the charter questions.
“Finally, I am concerned with the part of your response where you say the working group still needs to figure out what the outcome of the EPDP should be.  How can the group organize its work if they do not know what they are working towards as a deliverable?  I’d appreciate an update to Council from you or Kurt [Pritz] on this matter specifically.” (emphasis added)
[Editor's note: Keith Drazek is VP of Policy & Government Relations at VeriSign, which is the world's largest domain name registry operator (.COM, .NET, etc.), manager of 2 of the world's 13 "root servers" and Root Zone Maintainer. Any response to Drazek from the EPDP "leadership team" posted on the GNSO Council mail list in the next few days, will be linked or added here as an update [see Sep 17 UPDATE above]. I am surprised that neither Rafik Dammak nor Kurt Pritz have shared Drazek's emails with the EPDP Team (EPDP working group), since both emails raise fundamental questions about the EPDP Team's work plan and processes to date, and also question the judgment of EPDP leadership and ICANN staff in not following the Charter (gating questions). There are only 2 EPDP meetings left before the Los Angeles F2F meeting Sep 24-27. A professional facilitator will be of little help if the EPDP Team's fundamental processes and work plan are unsound or "off the rails."]

Stephanie Perrin (NCSG): "I would like to reiterate my request to have Peter Kimpian from the COE [Council of Europe] join this group as an independent expert. We are discussing purpose without the benefit of how the DPAs view purpose. It would be helpful to have that perspective." 
Ayden Férdeline (NCSG):+1 Stephanie - the input of the COE would be invaluable. 
Benedict Addis (SSAC):+1 Stephanie, was at COE last week and they are very sensible and knowledgeable. Chat transcript 9/11 meeting, p.6. [Editor's note: it appears that neither EPDP leadership nor ICANN management and staff want any expert guidance from Dr. Peter Kimpian or any other European GDPR expert, since Ms. Perrin's repeated requests have been repeatedly rebuffed and ignored.]

Stephanie Perrin (NCSG): "I thought the Charter was pretty clear on this. We have not answered the gating questions." Chat transcript 9/11, supra. [Editor's note: Ms. Perrin raises the same issue as Keith Drazek above--the dysfunctional and inept EPDP leadership not following the EPDP Charter--the "gating questions" are threshold questions.]

Thomas Rickert (ISPCP): "The root cause of this discussion is that we have a document (Temp Spec) that is badly written and structured as a basis for our discussion. The more I listen to these discussions (that do not take us anywhere) the more I think we need to divorce our discussions from the Temp Spec. We need to discuss a lot of points in the right sequence and I am sure that a legal and analytical approach will make even those happy that want Appendix C included."
farzaneh badii (NCSG):Totally Agree Thomas. 
Amr Elsadr (NCSG):@Thomas: +1.
Chat transcript 9/ll, supra. [Editor's note: Thomas Rickert is a German lawyer and lead counsel for Tucows affiliate, EPAG, in litigation filed by ICANN in Germany, in which ICANN has been the losing party, at every level, thus far.]

Stephanie Perrin (NCSG): "I have my hand up. The points I want to make are: 1) I do not recall agreeing to a framework for disclosure. We are not there yet. 2) Whatever happened to answering the gating questions before we get to Appendix C?" Chat transcript 9/11, supra.

Stephanie Perrin (NCSG): "... by starting with what I would argue is a fundamentally flawed temporary spec, we are trying to fix things that do not approach the problem of data protection as it applies to registrant data in the logical way that a data controller – a data supervisor is going to look at this ..." 9/13 meeting transcript, p. 21 of 44 (pdf).

More info and updates on last week's meetings in last week's News Review.
Photo of ICANN CEO Goran Marby, with words below:" ICANN's  GDPR Train Wreck"  ©2018 DomainMondo.com
Definition of "train wreck" -- a chaotic or disastrous situation that holds a peculiar fascination for observers.
Note also:
a. ccTLD .nz Regulator Obtains Preliminary Injunction Against Domain Tools (pdf):
"Plaintiff is a New Zealand non-profit corporation that regulates the use of the .nz top level domain, including registering new domain names and responding to inquiries regarding registrants. Defendant collects domain and registrant information from around the world, stores the information, and uses its current and historic databases to sell monitoring and investigative services and products to the public. Plaintiff alleges that the way defendant accessed, stores, and/or uses .nz domain and registrant information constitutes a breach of contract and violates the Computer Fraud and Abuse Act and the Washington Consumer Protection Act. It seeks a preliminary injunction precluding defendant from accessing the .nz register, downloading .nz data into its own database, and publishing certain .nz data (including all historical information). Defendant
opposes the motion and seeks discovery it deems critical to its ability to respond to the request for preliminary relief ....
"... plaintiff’s motion for a preliminary injunction (Dkt. # 2) is GRANTED and defendant’s motion for expedited discovery (Dkt. # 9) is DENIED. Defendant DomainTools, LLC, and its officers, agents, servants, employees, and all others acting in active concert with them who receive actual notice of this order are hereby enjoined from accessing the .nz register while DomainTools’ limited license remains revoked and/or publishing any .nz register data DomainTools had stored or compiled in its own databases while this action remains pending or until further order of the Court."
Mr. Len Cali, Senior Vice President—Global Public Policy, AT&T Inc.
Mr. Andrew DeVore, Vice President and Associate General Counsel, Amazon.com, Inc.
Mr. Keith Enright, Chief Privacy Officer, Google LLC
Mr. Damian Kieran, Global Data Protection Officer and Associate Legal Director, Twitter, Inc.
Mr. Guy (Bud) Tribble, Vice President for Software Technology, Apple Inc.
Ms. Rachel Welch, Senior Vice President, Policy & External Affairs, Charter Communications, Inc.
"The time is right to modernize our federal rules and develop a national framework for consumer privacy."--Internet Association, which represents more than 40 major internet and technology firms including Amazon, Facebook, Google, and Microsoft. Michael Beckerman, president and chief executive officer of the Internet Association, said “we definitely want to get this in place [and preempt state laws] prior to California [new Consumer Privacy law effective Jan 1, 2020] because California got it wrong.”

2) Other ICANN News
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. ICANN will hold a webinar on 26 September 2018 from 15:00 to 16:00 UTC to provide an update on recent ICANN data protection/privacy activities related to the European Union's General Data Protection Regulation (GDPR). Join via Adobe Connect (dial-in info). More information here.

b. Minutes of the ICANN Board Accountability Mechanisms Committee (BAMC) Meeting 04 Sep 2018: new gTLDs .MERCK, .HALAL, .ISLAM, .PERSIANGULF; and litigation update.

c. New gTLD .PHARMACY--ICANN Notice of Breach status:

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
Editor's note: 2 recent announcements I couldn't wedge into last week's News Review:

a. PIR Registry (pir.org), registry operator of .org .ngo .ong: Big Changes Coming Up To Our Registrar Products: "... we won’t be offering any further volume discounts when the current agreements expire. While volume discounts are a long established product offered by many registries, they clearly favor larger registrars as only the larger registrars can reach the volumes necessary to qualify for the discount. We don’t think this is fair and we want all our products in the future to be equally accessible to registrars of all sizes. The second change is that we’re going to measure the success of our products on more key performance indicators than just the number of creates they produce ... we’re going to look at the quality of the new registrations generated – do they have a higher incidence of technical abuse such as malware or phishing? We’re also going to look at whether there is a positive impact on our brand attributes and how registrars and registrants perceive us ..."

b. Namecheap (domain: namecheap.com), a privately held, ICANN-accredited domain registrar and technology company, founded in 2000 by CEO Richard Kirkendall, recently announced it now has 10 million registered domain names under management and "is the second biggest retail domain registrar in the world." The press release also noted Namecheap's unique culture and long history of fighting for internet freedom and Net Neutrality. To date, Namecheap has raised almost $500,000 to support internet freedom causes with its annual Move Your Domain Day. [Editor's note: Tucows, with its affiliates, collectively, is the world's second largest domain name registrar, GoDaddy is the largest.]

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
a.  China: China’s tech giants are Balkanizing the Chinese internet--"Most people believe the Chinese internet is one world unto itself, but few realize there are multiple separate, loosely connected ecosystems in China’s cyberspace. Competition in China’s internet world is not about individual tech companies anymore, it’s increasingly a contest among ecosystems."--technode.com.

China launches platform 'Piyao' to stamp out 'online rumors'--reuters.com. President Xi Jinping said in 2017: "China will build a 'clean and clear' internet space."

Google Is Handing the Future of the Internet to China: The company has been quietly collaborating with the Chinese government on a new, censored search engine—and abandoning its own ideals in the process--ForeignPolicy.com.

Senior Google Scientist Resigns Over “Forfeiture of Our Values” in China--he told The Intercept in an interview that he believes he is one of about five of the company’s employees to resign over Dragonfly.--TheIntercept.com. See also TheIntercept.com: Google's prototype of a censored search engine for China links users’ searches to their personal phone numbers, making it easier for the Chinese government to monitor people’s queries.

b.  EU: Controversial internet copyright law, including Articles 11 and 13, a/k/a the “link tax” and “upload filter” approved for final vote in Jan. 2019--TheVerge.com: "it will have a huge, disruptive impact on the internet, both in the European Union and around the world. Exactly how the legislation will be interpreted will be up to individual nations, but the shift in the balance of power is clear: the web’s biggest tech companies are losing their grip on the internet."

Today, Europe Lost The Internet. Now, We Fight Back by Cory Doctorow, Sep 12, 2018 | EFF.org.

Google: Can Europe Export Privacy Rules World-Wide? Google argues against expanding ‘right to be forgotten’ in the highest-profile case yet on who regulates data world-wide--wsj.com.

c.  Google & Bias: "Trump is right: More than Facebook & Twitter, Google threatens democracy, online freedom"--Brad Parscale, campaign manager for Donald J. Trump for President Campaign 2020, Op-ed in USAToday.com. See also: "Google Was "Working To Get Hillary Clinton Elected" With "Silent Donation" According To Leaked Internal Email"--ZeroHedge.com.

d.  Can Blockchain Restore Internet Freedom? Decentraland blends VR with blockchain technology, removing the potential for government interference--marketwatch.com.

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