[kictanet] How not to demand a domain takedown

[waudo siganga]

HI Kivuva,
 
*Going forward post IANA transition, it is very unlikely that a ccTLD
can be brought down through executive order. This will make very
interesting debate in the next ICANN in South Africa.* 
How much control, if any, does ICANN have over ccTLDs?
 
W.
On Thu, Jun 15, 2017, at 12:01 PM, Mwendwa Kivuva via kictanet wrote:
>  
> On 14 June 2017 at 12:16, Ali Hussein via kictanet
> <kictanet at lists.kictanet.or.ke> wrote:>> This raises interesting questions and potential for precedence
>> setting.>>  

>>  

>>  

>> ​1. ​ Should a Registry take down a domain simply by being asked to?
>> Even if that domain is clearly violating laws?>  
> All takedown request have to go through due process, including a
> ruling from a court of competent jurisdiction.>>  

>>  

>> ​2. Shouldn't laid down procedures for take downs be adhered to? 
>  
> Sure, they have to be adhered to.  
>>  

>>  

>> 3. What recourse do the offended have in this case?
>> ​>  
> Go to court, and get a favorable ruling. Of course Pirate bay has
> shown over time that it is "The galaxy's most resilient BitTorrent
> site". They have become masters of Pirate Politics, e-democracy, and
> freedom of expression. They have shown resilience in protecting the
> rights of intermediaries. They even prompted the formation of The
> Pirate Party, which was initially formed to reform laws regarding
> copyright and patents. The party agenda includes support for
> strengthening the individual's right to privacy, both on the Internet
> and in everyday life, and the transparency of state administration.
> It has become a very powerful lobby group because they now have
> political clout.>>  

>>  

>> ​4. Should a foreign entity/country threaten to shut down a
>> Registry?​
>>>>  

>>

>  This is a big brother flexing their muscle in the wrong way. Over the
>  years, ccTLDs have shown resiliency in remaining up and running even
>  after their host countries have been sanctioned economically. Include
>  any country here that has been sanctioned, and even decimated to
>  paste through military intervention. At no time has their ccTLD been
>  shut down.>  
> Going forward post IANA transition, it is very unlikely that a ccTLD
> can be brought down through executive order. This will make very
> interesting debate in the next ICANN in South Africa.>  
> Regards
> 
>   
> ______________________
>  Mwendwa Kivuva, Nairobi, Kenya twitter.com/lordmwesh
>
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