The ICANN GNSO Business Constituency - Welcome to ICANN71!
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Newsletter, June 2021
The ICANN GNSO Business Constituency
Welcome to ICANN71!
By Mason Cole
O n behalf of the Business
Constituency (BC), welcome
to ICANN71!
professionals deserve our applause.
There have been significant
community is never finished.
The impact of these developments is
developments in our industry since of course widely felt, but particularly
This policy forum is ICANN’s second the BC’s last newsletter in March. The by the business users of the internet
meeting of 2021 and now the fifth broad impact of the European Union’s that we represent. Companies and
held virtually since the beginning of General Data Protection Regulation organizations that make their presence
COVID-19. While we all eagerly watch (GDPR) continues to be felt industry- known and conduct commerce via the
the horizon for an opportunity to return wide as participants sort out its precise web need common-sense, predictable
to face-to-face meetings, once again, application. Domain name system online rules to live by in order to thrive
the BC conveys its hearty thanks to (DNS) abuse continues to be on the and advocating for these attributes is the
ICANN’s meetings team for putting rise. ICANN now is contemplating focus of the BC’s work. There’s never
together what is sure to be a productive recommendations surrounding a been a better time to involve yourself in
and collaborative week of virtual new round of top-level domain (TLD) the work of the BC – our voice is strong,
meetings, sessions and plenaries. These applications. It seems the work of the but always can be made stronger.
continued over page >>
The ICANN GNSO Business Constituency Newsletter, June 2021
>> continued from front page
If you’re a newcomer to ICANN
and the BC, I welcome you to
our constituency and encourage
you to identify and participate in
the issues that are critical to you,
your organization, and the wider
community. I believe you’ll find
that BC members will receive
you warmly and gladly accept
the contribution of your time and
expertise. In fact, the collaborative
application of our members’
collective expertise is what has
made the BC an influential voice
in internet governance matters.
Please keep your thoughts and Draft EU law offers clarity on
ideas coming – they’re valuable
and necessary to our work. WHOIS issue
A
This newsletter is but one in a
series of many. I encourage you ccess to domain name registration data (commonly known
to give it a close read and also as WHOIS data) is vital for law enforcement, cybersecurity,
to have a look at past editions consumer protection and protecting against intellectual property
at https://www.icannbc.org/. infringements. Given these important and legitimate interests, access to
You’ll find a great deal of valuable WHOIS data is not incompatible with the EU’s General Data Protection
information in this conduit to our Regulation (GDPR). However, whether due to a willful misinterpretation
membership and the ICANN of the law, or an over-abundance of caution given the potential penalties
community. for not complying with the GDPR, contracted parties have dramatically
reduced access to WHOIS data.
While you’re perusing our
newsletter archive, take a By Ben Wallis
moment to browse the BC’s
new website. Our Vice Chair To remedy this misapplication of The path to an EU law
for Finance and Operations, the GDPR, a draft European Union EU laws are drafted and proposed by
Lawrence Olawale-Roberts, has cybersecurity law – the update to the European Commission, and the
worked diligently to enhance our the Directive on Security of Network proposed laws are then considered and
online presence, and the site is and Information Systems (NIS2) on amended by the two parts of the EU
worth a few minutes of your time, cybersecurity – includes provisions that legislature – the Council (representing
especially if you’re just learning the EU’s 27 national governments) and
set out the critical value of WHOIS data,
about the BC. the Parliament (representing the citizens
and when, how, and to what extent that
Best of luck for a productive of the EU). The Council and Parliament
data should be made available.
meeting, and please stay safe produce their own versions of the draft
The BC is following the legislative law, and then the two bodies come
and healthy. I look forward to
collaborating with you over the process closely and providing input to together to agree and adopt a final
coming week and beyond. key legislators to provide information text. The Commission published the
about this issue and recommend how draft NIS2 Directive in December 2020,
Mason Cole and we anticipate that the law will be
the draft law should be clarified and
BC Chair adopted by the EU in mid-2022.
strengthened to remove loopholes and
ensure it can achieve its stated aims. But that is not the end of the story. For
2 www.icannbc.org @BizConstituency
The ICANN GNSO Business Constituency Newsletter, June 2021
Continued: Draft EU law offers clarity on WHOIS issue
some types of EU law – Regulations, like the necessary strengthening and
the General Data Protection Regulation clarification of the provisions, which
(GDPR) – once adopted, the law enters include:
force on a single date and with the exact
• Clarifying the scope of DNS providers
same wording in all EU countries. But
subject to the requirements to provide
Directives are different – once adopted by
access to WHOIS data, including to
the EU, national governments have a set
explicitly include domain name resellers
amount of time (18 months in the case
and privacy / proxy providers;
of NIS2) to incorporate or “transpose”
the Directive into their national law. This • Ensuring timely access to WHOIS
transposition provides some discretion to data by including a 24-time limit for
the national governments to implement the provision of data upon receiving a
the law as they see fit. If the law is legitimate request;
adopted in mid-2022, we would therefore • Requiring contracted parties to verify
expect to see the law in force across the the accuracy of WHOIS data;
EU by early 2024. It apppears there is a
Finally, one of the roles of the European Where has the process got to? good chance that the
Commission is to ensure that EU law, In terms of the two legislative bodies, it EU will adopt a new
once adopted, is properly enforced – if is the Parliament which has proceeded law containing clear
they think that is not the case, they can more quickly, and its members (MEPs)
call for a government to make changes are already discussing amendments requirements for the
to their implementation and ultimately, if to the law. The MEP who leads provision and sharing
still unsatisfied, can take the case to the the parliamentary process and will
of WHOIS data.
European Court of Justice. eventually lead negotiations with the
Council on the final text, Bart Groothuis,
What are the BC’s concerns? kicked off the process with a draft set of clear requirements for the provision and
The European Commission introduced amendments.
sharing of WHOIS data, and how this
the provisions in Article 23 of the NIS2 The BC’s drafting team was very can be done in compliance with the
Directive because it recognised that an pleased to see that Mr Groothuis’ GDPR. This would obviously be a win for
apparent lack of clarity or consensus amendments would deal with most those BC members who rely on access
around how the GDPR applies to WHOIS of the issues we had raised. We have to WHOIS data to help to protect their
data had led to this situation. The BC therefore shared a statement with other own customers, and also for the public
therefore believed it was important MEPs to help to defend these proposed more generally as law enforcement
to support these new provisions by amendments during the legislative authorities regain access to WHOIS
explaining their importance to legislators process, by explaining why they are data that helps them tackle cybercrime,
who might not be familiar with WHOIS important and what they will achieve.
data or understand the role it plays to protect consumers and deal with the
support cybersecurity. In March, we sent an initial position horrors of the online child sexual abuse.
paper to some officials in the Council. As However, it would also be a win for
However, the BC was also concerned the Council advances its own process in
that the way Article 23 had been drafted the contracted parties which have
the next couple of months, we will follow
could lead to loopholes which would largely withdrawn access to WHOIS
up with officials with the aim of securing
prevent the full intended access to data in a misguided concern that they
similarly helpful amendments in the
WHOIS data for legitimate purposes, would fall afoul of the GDPR – the NIS2
Council’s version of the law.
as set out in a position paper adopted Directive should provide them with
in March 2021. We therefore crafted A win-win outcome? the reassurances they need to restore
potential amendments which the It appears there is a good chance that access to WHOIS data for the various
legislators could introduce to provide the EU will adopt a new law containing legitimate purposes described above.
@BizConstituency www.icannbc.org 3
The ICANN GNSO Business Constituency Newsletter, June 2021
Report on the 2020 Abuja IGF Remote Hub
Virtual Global Internet Governance Forum
O
n the 2nd of November 2020 the IGF remote hub in Abuja, Nigeria opened its doors for
two weeks. This was made partly possible with sponsorship from the ICANN Business
Constituency. As the better part of 2020 witnessed massive disruption to the norm due to
the global outbreak of COVID-19 causing a total lockdown of cities across the world for months on
end, the opportunity provided by this remote hub to serve as a physical melting point for community
members to interact in-person on issues slated for discussion before the IGF was invaluable.
By Lawrence Olawale-Roberts
CEO and Staff of MicroBoss with Jimson Olufuye Vice Chair, Finance and Operations of ICANN/BC at the 2020 Abuja IGF Remote Hub
The Remote Hub powered by day participation peaked the most. Internet Governance - Challenges in
MicroBoss for a fourth year in a row The Hub opened its doors at 8:00 WAT Crises Period
observed all COVID-19 rules for small on the 2nd of November and closed Public Private Partnership in the
gatherings through the duration of at 5.00pm WAT after participating in a Field of Cyber Security
global IGF that connected participants wide section of the sessions during the Interoperability - Openness in the
live to the Virtual event. duration of the event. The timeslots for Age of Platforms
Prior to the event, some strategic most of the sessions were favorable in
How 5G will help Economies to
mobilization was done to allow our part of the African region. In total,
Rebound from the Pandemic
participants that were entirely new the Abuja IGF Remote Hub joined and
participated in 34 different sessions IGFSA General Assembly
to the process to blend with a mix of
experienced community members and during the two-week period the hub The final session of Day 1 at the Hub
not exceed 20 persons at every given was open to the public including the was the Introduction and Orientation
point in time, in obedience with the opening ceremony, plenaries, high level for Newcomers which was a guide for
strict COVID local regulations in the sessions and the public forum. the IGF 2020 participants on the overall
host city, Abuja. The Hub had a total Sessions live streamed at the hub structure of the meeting.
of 14 participants in attendance on the included: Other topics streamed at the Hub
4 www.icannbc.org @BizConstituency
The ICANN GNSO Business Constituency Newsletter, June 2021
Continued: Report on the 2020 Abuja IGF Remote Hub
included: Taxing the Digital Economy- How to City Open Data Platform –
AFICTA- Driving the Digital Potential do it Fairly Prototyping solutions for citizens
of Africa Governance of Blockchain-Based and businesses
COVID19 as a Flywheel for the Business Swiss Open Forum on Self-
Digital Transformation of the Content recognition tools: Novelty? Determination in the Digital space
Economy, Public Administration and Reality? Necessity? Danger? Beyond Personal Data: Literacy,
Society Automating Society – we’ll show the Sovereignty and Rights.
Internet Society’s Collaborative evidence These formed the program outline for
Leadership Exchange Attention Economy and Free the Abuja IGF Remote Hub for the first
African Internet Rights Alliance Expression week.
(AIRA) on Protecting Digital Rights in Future Unclear: Data bodies in post In the second week the Hub resumed
Africa. pandemic times after the weekend with the following
Dynamic Coalition on Schools of EU Delegation to the IGF and sessions:
Internet Governance (DC SIG), with the Youth IGF, IGF2020 Inaugural Community Network, Electricity and
the theme Inclusion and sub themes; Meeting; Dynamic Coalition on Data Digital Inclusion
Digital cooperation, Digital literacy, and Trust. Global crisis and socially responsible
Digital skills. The DC SIG meets yearly
African Union Open Forum data responses
with 3 main goals: to reach out to
those interested in schools on Internet Sharing of Personal Data During the Trusted Digital Space via PRIDA-
Governance, to review the work done Pandemic Informed Transformed Africa
the year before, and to decide on the Opportunities of the Future and Opening High-Level session: The
work of next year. the development of startups - the fifteenth meeting of the Internet
The Role of Gigabit Infrastructure experience of ecosystem Governance Forum, Projects from
in Building a Gigabit Economy and Trustworthy Internet technologies Africa and Asia on developing and
Society against COVID 19 using data sets in low resource
@BizConstituency www.icannbc.org 5
The ICANN GNSO Business Constituency Newsletter, June 2021
Continued: Report on the 2020 Abuja IGF Remote Hub
The last session was the networking
event: What’s your IGF 2020
experience? This session was an
informal networking space for all
participants to engage with the IGF
Secretariat and the chair of the MAG to
provide feedback on the IGF 2020.
This brought the Remote Hub for the
IGF 2020 to a close, as a selected
number of regular participants at the
Hub were encouraged to join the public
forum from the MicroBoss office on
the 25th of November rather than the
official remote hub center in the heart
languages to strengthen access to Cyber Capacity Building of town which hosted our event for the
information One size fits all? Global Norms as a two weeks the Remote Hub was open,
Believe it or not, the Internet threat to inclusion live and running. Every participant was
Protocol is on sale IGF 2020 High-Level Leaders Track - treated to coffee and snacks as well
Meet the MAG chair and MAG was Economy as sumptuous lunches all through the
another interesting session. This was an How do you embed trust and duration of the IGF.
opportunity for IGF 2020 participants confidence in AI?
to interact directly with the chair of the
IGF Multistakeholder Advisory Group
Community-facilitated Networking Business leaders
Break
(MAG) and the group’s members. The were mobilised for a
Capacity Building in the Age of
MAG is established by the Secretary-
Convergence
one-day BC outreach
General of the United Nations to advise
The Circular Economy of ICT
where BC factsheets,
the Secretary-General on the program
and schedule of the IGF meetings. The Interaction of Platform Content
brochures and other
The MAG is comprised of about 55 Moderation and Geopolitics educational materials
members from Governments, the Community-facilitated Networking were circulated.
private sector and civil society including Break: The Global South and the
representatives from the academic and AI (Regulatory) Race, Internet of Business leaders were specially
technical communities. Things: Trust, Tick or Threat? mobilised for a one-day BC outreach at
The list of other sessions streamed Universal Acceptance of Domain the Hub where custom BC factsheets,
at the Remote Hub and for which Names and Email-Addresses Meet the BC brochures and other
participants asked questions from the educational materials on the BC were
Building Inclusive Digital Economies
team at MicroBoss included: circulated to guests. BC member Mr.
in Emerging Markets
TRUST, Cultural Processes in the Lawrence Olawale-Roberts spoke
Hacking-Back: A Dialogue with
Age of the Digital Revolution about the value of BC membership
Industry
Inclusion Challenges and Solutions to participants and played a series of
The Future of Work from Home:
for Fair Online Education ICANN videos focused on the BC and
Internet Governance Post
Security of digital products - the value of engagement via the BC to
Mobile Internet Impact on the attendees at the outreach session. Two
Industry and Enhancing Trust
environment in 5G era and CO- commitments towards membership
BPF Cybersecurity Designing Policies for a Sustainable were received by business entities
Nobody Left Behind - Interregional Digital Industry present at the venue.
6 www.icannbc.org @BizConstituency
The ICANN GNSO Business Constituency Newsletter, June 2021
Encouraging developments on
proposed NIS2 directive
I
f you’ve followed the implementation of the European Union’s General Data Protection
Regulation (GDPR) closely, you’re aware that, while it is meant to protect personally
identifiable information from unintended use, the law has been consistently misapplied
by data controllers, including ICANN’s registries and registrars.
This misapplication has led to serious
consequences in various corners of the
internet, but particularly as it relates to
the nearly full redaction of domain name
registration data (known historically as
WHOIS). With WHOIS effectively dark,
law enforcement is having a difficult
time tracking down criminal behavior.
Cybersecurity experts can no longer
perform the rapid investigatory work
necessary to mitigate online harms.
Intellectual property owners are
frustrated by their now limited ability to
enforce their rights.
However, there’s good news:
Recognizing that GDPR has been very
liberally applied and, in some instances,
in the wrong way, the European
Commission has stepped in with an
effort to clarify their intentions behind
the GDPR law, including their intentions
regarding Whois. They’ve done so Cybersecurity experts can no longer perform the rapid investigatory work necessary to
via a draft directive on the security of mitigate online harms.
network and information systems --
known as “NIS2” for short. position on the draft law provides us abuse, the BC should be gratified to
When the European Commission with the following significant updates: see this recognition.
sought – via the draft NIS2 directive • Rather than mandating disclosure of The European legislative path is long
– to clarify its intentions with regard registration data via a legitimate request and winding, but we could not have
to WHOIS data, the BC and others “without undue delay,” the BC was hoped for much of a better position
(including the ALAC, IPC and even able to secure language that mandates from this key Member of Parliament at
ICANN Org itself) seized the opportunity disclosure within 24 hours. this early stage.
to lodge our input on what would be
helpful clarifications as the draft law is • In reply to BC input and discussions These developments are laudable and
scrutinized by the EU legislators. with EC officials, we now see in the represent a tremendous amount of hard
language that Whois data must be work by the drafting team and others.
With invaluable input from a diverse
validated by registrars. While this is cause for a moment of
drafting team, the BC seems to have
contributed to some very positive • We also see mitigation of DNS celebration, there of course is more
developments. In particular, the initial abuse highlighted as a reason for the work to be done. This is a rapidly-
position by the Member of European strengthened language. After a long moving situation and will require further
Parliament leading the Parliament’s period as the only real voice on DNS attention by the BC the coming weeks.
@BizConstituency www.icannbc.org 7
The ICANN GNSO Business Constituency Newsletter,
Newsletter,
October
June 2021
2020
ICANN Multistakeholder Organizational Chart
ICANN Board of Directors
Top row Left to Right: Göran Marby – President & CEO, Maarten Botterman – Chair (NomCom), León Sánchez – Vice Chair
(At-Large), Harald Alvestrand (IETF Liaison), Becky Burr (GNSO), Ron da Silva (ASO), Sara Deutsch (NomCom), Avri Doria
(NomCom), Lito Ibarra (NomCom), Manal Ismail (GAC Liaison)
2nd row Left to Right: Danko Jevtovic (NomCom), Merike Käo (SSAC Liaison), Akinori Maemura (ASO), Mandla Msimang
(NomCom), Ihab Osman (NomCom), Patricio Poblete (ccNSO), Kaveh Ranjbar (RSSAC Liaison), Nigel Roberts (ccNSO),
Matthew Shears (GNSO), Tripti Sinha (NomCom)
Generic Names Supporting Government Advisory Technical Liaison Group (TLG)
Organization (GNSO) Committee (GAC) Christian Toche (ETSI)
(see following page) Manal Ismail (Chair) Howard Benn (ETSI)
Philippe Fouquart (Chair) Vice Chairs: Reinhard Scholl (ITU-T)
Pam Little (V. Chair) Pär Brumark, Rodrigue Guiguemde,
Jie Zhang (ITU-T)
Jorge Cancio, Tepua Hunter
Tatiana Tropina (V. Chair) Wendy Seltzer (W3C)
Shadi Abou-Zahara (W3C)
Country Code Names Security & Stability Advisory Warren Kumari (IAB)
Supporting Organization (ccNSO) Committee (SSAC) Tim Wicinski (IAB)
Alejandra Reynoso (Chair) Rod Rasmussen (Chair)
Pablo Rodriguez (V. Chair) Julie Hammer (V. Chair)
Nominating Committee 2021
Jordan Carter (V. Chair) Ole Jacobsen (Chair)
Root Server System Advisory
Committee (RSSAC) Tracy Hackshaw (Chair Elect)
Address Supporting Jay Sudowski (Associate Chair)
Fred Baker (Chair)
Organization (ASO) Brad Verd (V. Chair)
Hans Petter Holen (Chair) Ombudsman
Oscar Robles (V. Chair & Secretary) At-Large Advisory Committee Herb Waye
(ALAC)
Maureen Hilyard (Chair) Customer Standing Committee
Empowered Community
Joanna Kulesza (V. Chair) (CSC)
Administration
Jonathan Zuck (V. Chair)
Lars-Johan Liman (Chair)
Maureen Hilyard (ALAC)
Oscar Robles (ASO) Root Zone Evolution Review
Alejandra Reynoso (ccNSO) Committee (RZERC)
Manal Ismail (GAC) Tim April (Chair)
Philippe Fouquart (GNSO)
8 www.icannbc.org @BizConstituency
The ICANN GNSO Business Constituency Newsletter,
Newsletter,
October
June 2021
2020
GNSO Stakeholder Groups, Constituencies & Council
The GNSO Council is responsible for managing the policy development process of the GNSO.
Contracted Party House Councilors Non-Contracted Party House Councilors
Registries Registrar Commercial Noncommercial
Stakeholder Group Stakeholder Group Stakeholder Group Stakeholder Group
Kurt Pritz (NA) Pam Little (AP), V. Chair Commercial and Tatiana Tropina (EU), V.
Sebastien Ducos (AP) GNSO Council Business Users Chair GNSO Council
Maxim Alzoba (EU) Greg DiBiase (NA) Mark Datysgeld (LAC) Wisdom Donkor
Kristian Ørmen (EU) Marie Pattullo (EU) Farell Folly
Intellectual Property Juan Manuel Rojas
Nominating Liaison and Observers Flip Petillion (EU) Stephanie Perrin
Committee Appointees Maarten Simon, ccNSO John McElwaine (NA) Tomslin Samme-Nlar
(NCAs) (EU) Internet Service and
Olga Cavalli (LAC) Cheryl Langdon-Orr, Connection Providers
Carlton Samuels NCA ALAC (AP) Philippe Fouquart, (EU)
(LAC) Jeff Neuman, GAC (NA) Chair GNSO Council
Tom Dale NCA (AP)
Contracted Party House Non-Contracted Party House
Registries Stakeholder Registrar Commercial Noncommercial
Group Executive Stakeholders Group Stakeholders Group* Stakeholders Group*
Committee Ashley Heineman (Chair)
Samantha Demetriou Jothan Frakes (V. Chair) Business Constituency Noncommercial
(Chair) Users Constituency
Owen Smigelski (V. Chair) Mason Cole (Chair)
Beth Bacon (V. Chair - Steve DelBianco (V. Chair Raphael Beauregard-Lacroix
Benny Samuelsen
Policy) Policy Coordination) (Chair)
(Treasurer)
Craig Schwartz (V. Chair Benjamin Akinmoyeje (AF)
Eric Rokobauer (Secretary) Lawrence Olawale-Roberts
- Administration) (V. Chair Finance & Mili Semlani (AP)
Zoe Bonython
Jonathan Robinson Operations) Olga Kyryliuk (EU)
(Secretariat)
(Treasurer) Waudo Siganga Lia Hernandez (LAC)
Sue Schuler (Secretariat) (CSG Representative) Ken Herman (NA)
Intellectual Property
Constituency
Internet Service Providers Not-for-Profit Operational
Heather Forrest
& Connectivity Providers Concerns Constituency
(President)
Dean Marks (V. Constituency Raoul Plommer (Chair)
President) Wolf-Ulrich Knoben (Chair) Ioana Stupairu (V. Chair)
Damon Ashcraft Jenn Taylor-Hodges (V. Chair) Oreoluwa Lesi (Communications
(Treasurer) Committee Chair)
Christian Dawson (Excomm)
Susan Payne (Secretary) Caleb Ogundele (Membership
Philippe Fouquart - GNSO
Paul McGrady Committee Chair)
Council Chair and ISPCP
(Participation Coordinator) Councilor Emmanuel Vitus (Secretary)
Osvaldo Novoa, (SOI)
GNSO Councilor
* The groups’ officers are omitted here
@BizConstituency www.icannbc.org 9
The ICANN GNSO Business Constituency
The Benefits of BC Executive Committee
BC Membership
The Business Constituency (BC)
is the voice of commercial Internet
users within ICANN – the Internet Vice Chair Policy
Corporation for Assigned Names Chair Coordination
and Numbers. Mason Cole Steve DelBianco
Business users rely on a
stable and secure Internet and
e-commerce experience, one that
serves their users and customers Vice Chair Finance
on a global basis. Through your & Operations
participation in ICANN, and in Lawrence Olawale- CSG Representative
the Business Constituency, your Roberts Waudo Siganga
company will make a difference
on behalf of business.
BC members contribute as:
• participants on the BC e-mail
list to learn about and debate
issues GNSO Councilor GNSO Councilor
Marie Pattullo Mark Datysgeld
• participants on telephone
conferences to reach
consensus on key issues 2021 Nominating Committee (NOMCOM members)
• participants at physical
meetings coincident with
ICANN global meetings
• issue managers on specific
topics Large Business Seat Small Business Seat
• bridges for information flow Scott McCormick Adetola Sogbesan
between other GNSO
constituencies BC SECRETARIAT
The mission of the BC
The Constituency fully represents Associate Chair
the views of the Internet business Jay Sudowski
user community.
ICANN policy positions are
BC Credentials Committee: Chantelle Doerksen Brenda Brewer
consistent with the development
Zak Muscovitch (Chair), Roger Baah,
of business via an Internet that is If you would like to become
Vivek Goyal
stable, secure and reliable while a member of the BC, please
promoting consumer confidence. BC Finance Sub Committee: contact the BC Secretariat at:
Lawrence Olawale-Roberts (Chair),
ICANN policy positions derive info@icannbc.org
Adetola Sogbesan, Tim Smith, Yusuph
from broad stakeholder Kileo or simply visit our website and
participation in a common forum register online:
for suppliers and users. Join the conversation on Twitter:
@BizConstituency www.icannbc.orgYou can also read
