News Review | Privacy & Cyber Sovereignty: US vs. Microsoft (video)

Domain Mondo's weekly internet domain news review (NR 2018-03-04) with analysis and opinion: Features •  1) Privacy & Cyber Sovereignty: US vs. Microsoft, 2) ICANN news: a. ICANN61, b. GDPR & WHOIS Proposed Interim Model, and more, 3) Names, Domains & Trademarks: It's Not ALL About The Money, and more, 4) ICYMI Internet Domain News, 5) Most Read.

1) Privacy & Extraterritorial Cyber Sovereignty: Supreme Court Hears U.S. vs. Microsoft 

Bloomberg.com video above published Feb 27, 2018: Christopher Calabrese, Center for Democracy and Technology (domain: cdt.org) VP of policy, and Bloomberg's Dina Bass discuss the Supreme Court hearing a case centering on how a decades-old law, Stored Communications Act of 1986, applies to data on the cloud. They speak with Bloomberg's Emily Chang on Bloomberg Technology.

UPDATE: Amicus Brief filed by Brennan Center, ACLU, EFF, et al

United States vs. Microsoft is a case now pending in the U.S. Supreme Court involving the U.S. government's extraterritoriality law enforcement in seeking electronic data under the 1986 Stored Communications Act. The issue has been framed and litigated in the light of modern computing and internet technologies such as data centers and cloud storage. Microsoft challenged a warrant by law enforcement in 2013, to turn over email of a target account that was stored in Ireland, arguing that the warrant issued under Section 2703 of the Stored Communications Act could not compel American companies to produce data stored in servers outside the United States. Initially Microsoft lost in the District Court, the judge stating that the nature of the Stored Communication Act warrant, as passed in 1986, was not subject to territorial limitations. Microsoft appealed to the United States Court of Appeals for the Second Circuit, which reversed in favor of Microsoft and invalidated the warrant in 2016. The United States Department of Justice appealed to the Supreme Court, which agreed to hear the case in October 2017. Carpenter v. United States is another Supreme Court case (2017–2018 term) on the Stored Communication Act, dealing with privacy of mobile phone communications.

Issues: Internet, Privacy, Cyber Sovereignty, Cyber Security, Extraterritoriality, Extraterritorial Jurisdiction, and Jurisdiction--see also on Domain Mondo:

• Global Internet And Jurisdiction Conference 2018, Feb 26-28, Ottawa

• News Review | ICANN WHOIS & EU GDPR: Points of View (video)

2) ICANN news

a. ICANN61 | San Juan

ICANN61 | San Juan kicks off in San Juan, Puerto Rico, next Friday with CCWG-Accountability WS2 Session 8:30 - 17:00, Fri, Mar 9, 2018. Saturday's (March 10) schedule here (including remote participation). More info here. Next week's News Review will have additional info and links.

See also: ICANN61 GNSO Remote Participation Details Open and Public Meetings.

Pre-ICANN61 Policy Report | ICANN.org 26 February 2018: (embed below):

See also GNSO Policy Briefing ICANN61 Edition (pdf)

See also on Domain Mondo:

• Hearing Update on the Restoration of Puerto Rico’s Electric Infrastructure

• News Review | ICANN61 & Puerto Crypto [now known as Blockchain Unbound], San Juan, Puerto Rico

b. GDPR & WHOIS:

Data Protection/Privacy Update: Seeking Input on Proposed Interim Model for GDPR Compliance | ICANN.org 28 Feb 2018: "We're now much closer to settling on a final interim model to use until the community adopts new policies to guide our work."--Göran Marby, ICANN President and CEO. See Proposed Interim Model for GDPR Compliance-- Summary Description (pdf) (The “Calzone Model”, 28 February 2018) Prepared by: ICANN Org--a high-level summary of the proposed interim model, including a proposal for an accreditation program for continued access to full Thick WHOIS data for accredited users/entities [accreditation program to be developed in consultation with the GAC]. The legal justification for collection and use of the WHOIS data included in the interim model is not included in this summary document, but will be based on legitimate interests of the controllers or third parties, and will be detailed in an analysis accompanying the final model.--excerpt below:

See also: a comparison [XLSX, 21 KB] of ICANN organization and community-proposed models based on various elements of registration data against the proposed interim model.

• Chair's Blog: A Preview of the Puerto Rico [ICANN] Board Workshop | ICANN.org: "... On the morning of Sunday, 11 March, I will lead a discussion on planning for Workstream 2 implementation, followed by a lengthy session on the European Union’s General Data Protection Regulation (GDPR), led by Becky Burr and Göran Marby. We will be focusing on the emerging recommended interim model and next steps for ensuring compliance and implementation. We will also be holding a session, led by Chris Disspain, where we will discuss the implications for the ongoing policy work related to WHOIS in light of the latest updates on GDPR ..."
• More info: Data Protection/Privacy Issues | ICANN.org.

c. Decline in new gTLDs' domain name registrations continues into 2018 for second straight month (source: ntldstats.com):

The net loss in new gTLD domain name registrations in just 2018 is now more than one million registrations through February 2018. More info here and here (under 3) Names, Domains & Trademarks)..

d. ICANN Root Server System Advisory Committee: RSSAC2 Review: Assessment Report Published | ICANN.org: Report (pdf) - Executive Summary (pdf) excerpts:

• The RSSAC’s ability to serve as a shared space for RSO–ICANN communication and cooperation is complicated by a persistent legacy of distrust of ICANN by some of its members.
• Because RSSAC members do not agree on who its stakeholders should be, it is not clear for what and to whom it should be accountable.
• The relative roles and responsibilities of the RSSAC, the RSSAC Caucus, the RZERC, and the SSAC are unclear to both outsiders and insiders.

e. ICANN Security and Stability Advisory Committee (SSAC) 27 February 2018: SSAC Operational Procedures Version 5.1 (pdf).

3) Names, Domains & Trademarks

a. Domain Names: It's Not ALL About The Money--Forbes.com reports WNYC, a public radio station in New York, is using donations to acquire the Gothamist.com domain name and its archives and social media assets, shut down by billionaire owner Joe Ricketts, who had indicated the website, and companion website DNAInfo.com, never made any money. Similarly, two other public radio stations, KPCC in Los Angeles and WAMU in Washington, will respectively acquire LAist.com and DCist.com.

b. GoDaddy tones down its 'sexy' (or sexist) side to target Aussie businesses | afr.com

c. What's in a name? Approximately everything | heraldtribune.com

d. GoDaddy (NYSE:GDDY) announced a public offering of 16,916,000 shares of common stock by certain shareholders. GoDaddy will not receive proceeds from the sale.

4) ICYMI Internet Domain News 

a. Google search algorithms are not impartial. They can be biased, just like their designers | nbcnews.com: "Search patterns matter because sites like Google are becoming increasingly powerful arbiters of public information." See also: Bias already exists in search engine results, and it’s only going to get worse | MIT TechnologyReview.com: "artificial intelligence might make things worse."

b. Google Says It's Received 2.4 Million Takedown Requests Under EU's 'Right to Be Forgotten' Laws gizmodo.com: (and complied with 43% of them).

c. Apple & China: To comply with local laws, Apple will store keys to Chinese users' iCloud accounts in China, giving Chinese authorities easy access to users' data--Apple moves to store iCloud keys in China, raising human rights fears | Reuters.com.

d. Cyberspace has always been about more than just freedom | rstreet.org

e. In the making: The largest internet filter Europe has ever seen | EDRi.org

f. China’s web censors go into overdrive as President Xi Jinping consolidates power | TechCrunch.com

g. Russiaphobia Gone Wild: Facebook says finds no new evidence Russia interfered in Brexit referendum | Reuters.com. Also note "Many news reports blaming Russian Twitter bots, some of which are not Russian and others not bots, are based on a single source and are likely overblown."-- Stop Blaming Russian Bots For Everything | buzzfeed.com.

5) Most read post this past week:

News Review | ICANN WHOIS & EU GDPR: Points of View (video)

-- John Poole, Editor, Domain Mondo 

feedback & comments via twitter @DomainMondo
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Cyber Sovereignty & Wuzhen Summit 2017 Update: China's 4th WIC (video)

World Internet Conference attracts worldwide talent to China's Wuzhen

CGTN America video above published Dec 3, 2017: The World Internet Conference (WIC) attracted worldwide talent to Wuzhen, China. Tech and political leaders came together to discuss the future of the internet. CGTN’s Zou Yun reports.

I totally agree on what I just heard “Big names are here, #WuzhenSummit is the Davos for #DigitalEconomy” #WorldInternetConference pic.twitter.com/j0CJ63J9hu

— Miguel Ángel Margáin (@MA_Margain) December 4, 2017

Miguel Ángel Margáin @MA_Margain
Director General del Instituto Mexicano de la Propiedad Industrial #PorUnMéxicoOriginal @IMPI_Mexico  |  http://www.gob.mx/impi

China's President Xi Jinping renews call for  ‘cyber sovereignty’ at the Wuzhen Summit a/k/a World Internet Conference--

• Apple, Google CEOs Bring Star Power as China Promotes Censorship | Bloomberg.com

• Internet censorship: It's on the rise and Silicon Valley is helping it happen | ZDNet.com: "Instead of opposing the internet barriers raised by the world's authoritarian regimes, Silicon Valley is playing along."
• China’s Xi Jinping Opens Tech Conference With Call for ‘Cyber Sovereignty’ | WSJ.com: "China’s President Xi Jinping called for “more fair and equitable” governance of the global web, as the country opened a state-run internet conference aimed at pushing its alternative vision of the web."
• China Asserts Cyber Sovereignty; Google, Apple Plead for Better Access | Variety.com: "Western companies have complained that they are not allowed access to Chinese markets and customers while Chinese companies can operate freely overseas. That potentially puts China in breach of its obligations to the World Trade Organization. But China suggests that cyber sovereignty is a matter of national security, protecting the country from crime and terrorism."(emphasis added)
• UNICEF highlights child online safety at Wuzhen Summit | ChinaDailyAsia.com.

Cyber sovereignty, the idea that each country has the right to censor and regulate the internet is being taken up elsewhere including Russia which temporarily blocked Tencent’s social media app WeChat in May for not complying with local regulations. Also addressing the conference Sunday were Apple CEO Tim Cook and Google CEO Sundar Pichai. In the last year, Apple has removed from its local App Store various apps not  approved by China's government, including Skype. Facebook, Google, Netflix, YouTube, and Twitter, are among the many western tech companies blocked in China. China was ranked last in terms of internet freedom in a survey last month by Freedom House, a pro-democracy group that lists Google among its funders. "One person who won’t be making an appearance this year is China’s former internet tsar Lu Wei, who delivered a speech at the closing ceremony two years ago. Lu has been detained amid an internal party corruption investigation."--South China Morning Post | scmp.com.

Top tech CEOs take to the stage as Wuzhen Summit opens in East China's Zhejiang province, Dec 3, 2017. (Photo: IC) pic.twitter.com/ySb2H2bM8b

— China Daily (@ChinaDailyUSA) December 3, 2017

See also on Domain Mondo: News Review | China Hosts 4th World Internet Conference (WIC) Dec 3-5

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News Review: China Cyber Sovereignty vs ICANN Multistakeholderism

Domain Mondo's weekly review of internet domain news:

Features •  1. China Cyber Sovereignty vs ICANN Multistakeholderism; 2. ICANN Websites, More ICANN Incompetence; 3. Average Annual Cost of an ICANN Employee; 4. Class Action vs Neustar; 5. Google.com UDRP; 6. GoDaddy Q4 2016 Results; 7. InternetAssociation.org political fundraising; 8. Names, Domains, Trademarks; 9. The Internet's 'Seven Keys'; 10. DOA not a replacement DNS;  11. ICANN CEP & IRP update; 12. Internet Attack Mitigation; 13. ICANN mafia; 14. Verisign 10-K (.WEB); 15. One of ICANN's stupid ideas gets nixed; 16. 3 most popular posts this past week on Domain Mondo.

1. China Cyber Sovereignty vs ICANN Multistakeholderism: What's Next for ICANN in the Absence of U.S. Oversight? An Interview With Kal Raustiala* | Council on Foreign Relations - Net Politics | cfr.org, excerpts:

Q: One central criticism of the multistakeholder model is that it isn’t representative enough ..." How do you respond?

"There is no question there are inequities in participation ..."

Q: Do you think that China’s concept of cyber sovereignty is incompatible with the multistakeholder model? What are the implications?

"... For China, which isn’t a fan of private actor input in almost any decision making, the ICANN model is a problem."

*Kal Raustiala is a Professor of Law at UCLA, and Director of the UCLA Ronald W. Burkle Center for International Relations.

UPDATE March 5, 2017: News Review: China Will 'Vigorously' Promote the Reform of ICANN

 2.  ICANN Websites, More ICANN Incompetence:

ICANN NCPH Intersessional, 14-15 February 2017, Reykjavik, Iceland, Non-Contracted Parties House (NCPH)  meeting transcripts, documents, presentations, recordings--excerpt (NCSG Session with the ICANN CEO):

Question: "... So the easy one that surprisingly came up first and everybody but a few people asked, it’s been coming up today as well many times, why can nobody ever find anything on ICANN websites other than by Googling sometimes but no search function, there is no organization. It’s impossible to find anything. Why don’t you hire a librarian to sort it out?

ICANN President & CEO Göran Marby: "That’s a very good question. Actually it is a very good question ... The simple answer to that question is that you are right. We don’t have a library function. We don’t have a document management system at all and, even worse than that, we don’t have any system in place on how to store things, how to label things, how to categorize things, how to collect things, and how to sort them together ..."

3. Average Annual Cost of an ICANN Employee almost $160,000 based on "an average headcount of 339.5 which excludes 11.1 average headcount allocated to the IANA ..."--ICANN FY17 Q2 (ending Dec 2016) QUARTERLY REPORT: ICANN personnel costs--an average of $160,000 per employee per year--FY17 (Jul-Dec) $27million ÷ 339.5 x 2), source (pdf) (p. 56 below):

4.  A class action suit has been filed against registry services and technology provider Neustar, Inc. ("Neustar"), [NYSE: NSR | domain: Neustar.biz]--MarketWatch.com--Rigrodsky & Long, P.A. announced it had filed a class action complaint in the United States District Court for the District of Delaware on behalf of shareholders of Neustar in connection with the proposed acquisition of Neustar by Golden Gate Capital and its affiliates (collectively, "Golden Gate") announced on December 14, 2016. The Complaint alleges violations of the Securities Exchange Act of 1934 against Neustar, its Board of Directors, and Golden Gate, and is captioned Parshall v. Neustar, Inc., Case No. 1:17-cv-00060-LPS (D. Del.). More information at MarketWatch link above.

5.  Google.com UDRP:

http://www.adrforum.com/domaindecisions/1710030.htm

6.  GoDaddy $GDDY Q4 2016 Results, LIVE Webcast (Replay)--Feb 15, 5:00pm ET | DomainMondo.com: "2016 Revenue Growth of 15% Driven by 7% Growth in Customers."

7. InternetAssociation.org, a trade group representing internet giants including Facebook and Google, is launching a new online political fundraising platform.--Internet Association Brings Political Fundraising Into The Digital Age With New Crowdsourcing Platform | InternetAssociation.org.

8. Fame Names, Domains & Trademarks--The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands | Ladas & Parry LLP | JDSupra.com--or how to lose your personal name.

9. The Problem with "The Seven Keys" | ICANN.org: "From time to time, articles are published about "the seven people who control the keys to the Internet.” These articles, while probably well-intentioned, are completely incorrect. Let’s be absolutely clear: there are no keys that cause the Internet to function (or not to function) ..." Read more at the link above.

10. Digital Object Architecture (DOA) not a replacement DNS--Letter to ICANN Board from Internet Service Providers and Connectivity Providers Constituency [ISPCP] | ICANN.org--holmes-to-icann-01feb17-en.pdf (pdf 256 KB)--

"... At the recent ITU World Telecommunications Standardisation Assembly (WTSA) held in Tunisia in November 2016 DOA dominated much of the discussion. It placed those countries that support the initiatives being pursued within the ITU (referred to above) in direct opposition to those who are currently fiercely opposed to that approach from both technical and political perspectives ... Although the subject of much discussion, both from a technical and political standpoint, there is clear evidence that in many cases there is a lack of understanding of what DOA really represents. Some people even speak of DOA as a replacement DNS, which it certainly is not ... The ISPCP bring this issue the attention of the ICANN Board with a request that the Board considers how best to work with its involved stakeholders and the technical community to raise awareness of DOA and ensure that the community has a true, factual understanding of the situation and its relationship to ICANN ..."

11.  ICANN CEP (Cooperative Engagement Process) and IRP (Independent Review Process) Status Update – 14 February 2017  – irp-cep-status-14feb17-en.pdf [426 KB] (embed below, highlighting added):

12. Internet Identifiers Attack Mitigation:  Identifier System Attack Mitigation Methodology (pdf, 876 KB)--"this effort addresses Recommendation #12 of the Security, Stability & Resiliency (SSR) Review"--excerpt: "ICANN is proposing a new Identifier System Attack Mitigation Methodology to: • Identify, prioritize, and periodically refresh a list of top Identifier System attacks; • Develop guidance on actual high-impact attacks and emerging high-risk vulnerabilities; • Describe corresponding attack mitigation practices that are commonly considered useful; and • Encourage broader adoption of those practices via contracts, agreements, incentives, etc. This document represents the first component of this methodology ...."

13. The ICANN mafia has taken my site hostage for 2 days now | levels.io and ICANN has taken my site hostage | Hacker News | news.ycombinator.com.

14. Verisign 10-K 

•  Geographic revenues disclosed by Verisign 10-K:

"Revenues for our Registry Services business are attributed to the country of domicile and the respective regions in which our registrars are located, however, this may differ from the regions where the registrars operate or where registrants are located. Revenue growth for each region may be impacted by registrars reincorporating, relocating, or from acquisitions or changes in affiliations of resellers. Revenue growth for each region may also be impacted by registrars domiciled in one region, registering domain names in another region. Although revenues continued to grow in the more mature markets of the U.S. and EMEA during 2016, China saw the highest growth rate due in part to the increased volume of new registrations during the second half of 2015 and the first quarter of 2016."

•  .WEB in Verisign 10-K:

Note 4. Deposits to Acquire Intangible Assets: "As of December 31, 2016 , the Company has paid $ 145.0 million for the future assignment to the Company of contractual rights to the . web gTLD, pending resolution of objections by other applicants, regulatory review, and approval from ICANN. Upon assignment of the contractual rights, the Company will record the total investment as an indefinite-lived intangible asset."

ITEM 3. LEGAL PROCEEDINGS:
On January 18, 2017, the Company received a Civil Investigative Demand (“CID”) from the Antitrust Division of the United States Department of Justice requesting certain material related to the Company becoming the registry operator for the .web gTLD. We are in the process of responding to the CID. It is not possible at this time to estimate a range of potential financial and non-financial outcomes in connection with this matter.

15. One of ICANN's many stupid ideas gets nixed at the public comments stage:

Names of ICANN "diseases"

Report of Public Comments | Identifier Technology Health Indicators: Definition | ICANN.org: "... several expressed concerns over the proposed use of Latin-like medical-based terminology [Datamalgia, Abusitis, Magnitudalgia, Perfluoism, Datafallaxopathy] to identify Internet health conditions. Since this feedback was so clear, ICANN is dropping the Latin terminology as the project goes forward." For background read: News Review: ICANN Busy Proving IANA Transition Was A Terrible Mistake: "8. ICANN is this a joke OR is ICANN the joke? ..." (01 Jan 2017).

16.  3 most popular posts (# of pageviews Sun-Sat) this past week on DomainMondo.com:

1. Alphabet Inc at Goldman Sachs and Morgan Stanley Conferences 2017
2. TechReview | What's Really Wrong With Twitter & Why Trump Lost in Court
3. News Review: Who Needs a Domain Name and Website Anymore?

-- John Poole, Editor, Domain Mondo 

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