CR DOMAIN ELIMINATION EXPERIENCE NIC COSTA RICA ROSALA

. CR DOMAIN ELIMINATION EXPERIENCE NIC COSTA RICA ROSALÍA MORALES

CURRENT. CR POLICIES o Before 2014, . cr would not register protected brands or domain names whose title-holders were considered to have ¨acted in bad faith¨ o Current reasons for taking down a domain: • Titleholder’s request • Non-payment • Due to instructions from the Court of Justice of the Republic of Costa Rica, WIPO or the local center for arbitration and mediation (CAM) • Unauthorized commercialization of. cr domains • Erroneous or false information – will follow the instructions of a court order o Exception: If the domain is going through a conflict resolution process (WIPO or CAM)

TAKING DOWN DOMAINS WITH LAW ENFORCEMENT o Tunis Agenda for the Information Society 2005 - "Policy authority for Internet-related public policy issues is the sovereign right of the States. They have rights and responsibilities for international Internet-related public policy issues”. o Intellectual property, brand registration, crimes including drug trafficking, child pornography, human trafficking, bank fraud or others : domain name will be eliminated if ordered to do so by a final judgment from the Courts of Justice of the Republic of Costa Rica. o Cases involving conflict resolution related to domain names related to WIPO or to the Center for Arbitration and Mediation (CAM) of the Association of Attorneys of Costa Rica: will follow up with process as agreed with WIPO and CAM.

PREVIOUS EXPERIENCE Since 2010, between 1 to 2 domain take downs by law-enforcement cases per year Cases usually related to fraud, child pornography, criminal investigations and (since 2016) copyright infringement Good relations with local lawenforcement agency • As soon as we receive court order we provide all the required information • Work with agency in other national scale projects related to cyber security, good communication

WINDS OF CHANGE… o In 2015, received first case of copyright infringement court order to take down a domain o Request was processes immediately, part of global operation o For the first time faced pressure from international players in the process 2016 – 2017: Pressure from international parties has increased • Pressure to not follow our domain elimination policies • Have not received a court order at this point, after more than 1. 5 years of pressure o Have received support from other cc. TLDs in the process o o . cr will respect the local law´s decision and will not bend to international pressure

WHAT IS NEXT? o Harsh criticism of different cc. TLD policies regarding domain elimination o Lack of research or documentation interpreted as subversive behavior o Recommend best practices or general research by cc. NSO regarding relationship with Law Enforcement practices and domain take downs o Pressure will increase o cc. TLDs need clear and updated domain policies and process regarding domain take down process o Stick to Tunis Agenda 2005 Principle

THANK YOU! NIC Costa Rica CR_NIC