.CR DOMAIN ELIMINATION EXPERIENCE NIC COSTA RICA ROSALÍA MORALES

CURRENT .CR POLICIES Before 2014, .cr would not register protected brands or domain names whose title-holders were considered to have ¨acted in bad faith¨ 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 Exception: If the domain is going through a conflict resolution process (WIPO or CAM)

TAKING DOWN DOMAINS WITH LAW ENFORCEMENT 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”. 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. 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 law-enforcement 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… In 2015, received first case of copyright infringement court order to take down a domain Request was processes immediately, part of global operation 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 Have received support from other ccTLDs in the process .cr will respect the local law´s decision and will not bend to international pressure

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

THANK YOU! NIC Costa Rica CR_NIC