[At-Large] A brexit problem that I heard about

Mon Aug 20 15:00:17 UTC 2018

On Mon, Aug 20, 2018 at 7:57 PM Jean-Jacques Subrenat <jjs at dyalog.net>
wrote:

> Dear Colleagues,
>
> I’ve been following this thread for some time, and would like to put in a
> few upstream remarks, not focusing on the DNS aspect, but rather on the
> wider consequences of Brexit:
>
> - Brexit is not a negotiation; it is a decision by the government of one
> member state, acting upon the result of a national referendum, to serve
> notice to the European Union its decision to withdraw from the EU. Talking
> about ‘’Brexit negotiations’’ is misleading: there are rules for joining
> the EU, and for leaving it (article 50 of the Treaty). The current
> interaction between the UK and the European Commission (representing the
> other 27 members) is based not on some ''Art of The Deal'', but on
> international treaties which were freely entered into by all the member
> states when they joined, including the UK (1973 Treaty of Accession and
> subsequent binding treaties).
>
> - The UK’s decision to withdraw from the EU involves treaty obligations
> and carries a swathe of consequences (remaining budget contributions, trade
> with third countries, etc.). The DNS aspects, which have been dealt with at
> length in this thread, are not imposed unilaterally by the EU, but are
> simply the technical consequences of the UK decision. Because of this
> fundamental fact, grounded in international law, any arrangement affecting
> Internet usage can only be worked out at a technical level, and is not
> amenable to some sort of political ‘’deal’’ between the UK and the EU.
>
> - This is not to say that we should dismiss the DNS issues as unimportant.
> But the right way to go about that is not to incriminate EU directives (all
> of which, by the way, had to be accepted by London in order to be
> implemented), but on the premise that desirable outcomes are to be worked
> out not IN SPITE OF Brexit, but by looking its reality in the face, and
> working on from there. EURID, the European Commission, the European Council
> will not -in fact, cannot- do otherwise.
>
> - In the UK there seems to be increasing awareness of the high cost of the
> UK leaving the EU
>

(as an outsider) The people voted to leave, but at the implementation phase
practical difficulties and intricacies surface, in effect prolonging the
process of implementation. In view of the high cost for UK (and for the EU
which may at some point of time adopt the posture that the UK also pays for
the European costs of brexit) it might become demonstrably unwise for the
UK Government to persist and implement brexit without seeking another
referendum (this time with a ban on tricky banners on buses)

> ,
> https://www.theguardian.com/politics/2018/aug/18/rethink-of-brexit-vote-may-be-necessary-ex-civil-service-head-warns-lord-kerslake .
> A reversal of Brexit seems unlikely
>

but not impossible.

Sivasubramanian M

> , but with that slim possibility in mind, IMHO it would be the prime duty
> of those in charge of Internet and DNS matters in the UK to keep national
> procedures and regulations as widely compatible as possible with EU
> guidelines and best practices. Just in case.
>
> Jean-Jacques.
>
>
>
>
>
> Le 20 août 2018 à 16:21:31, Michele Neylon - Blacknight (
> michele at blacknight.com) a écrit:
>
> The change isn’t New Year’s eve – it’d be March 2019
>
>
>
> The issue is that the EC isn’t engaging constructively with registrars or
> our clients, so it’s a total mess.
>
>
>
> Allowing existing registrants to keep their .eu domains would be the
> sanest way forward, but the EC doesn’t seem to be willing to discuss it.
>
>
>
> And they’ve also started some insane plan about expanding who can qualify
> for a .eu domain name without any real thought into how that can be made a
> reality.
>
>
>
> Oh the fun
>
>
>
> Regards
>
>
> Michele
>
>
>
>
>
> --
>
> Mr Michele Neylon
>
> Blacknight Solutions
>
> Hosting, Colocation & Domains
>
> https://www.blacknight.com/
>
> https://blacknight.blog/
>
> Intl. +353 (0) 59  9183072
>
> Direct Dial: +353 (0)59 9183090
>
> Personal blog: https://michele.blog/
>
> Some thoughts: https://ceo.hosting/
>
> -------------------------------
>
> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
>
> Road,Graiguecullen,Carlow,R93 X265,Ireland  Company No.: 370845
>
>
>
> *From: *At-Large <at-large-bounces at atlarge-lists.icann.org> on behalf of
> Roberto Gaetano <roberto_gaetano at hotmail.com>
> *Date: *Monday 20 August 2018 at 14:35
> *To: *Danko Jevtović <danko at jevtovic.rs>
> *Cc: *At-Large Worldwide <at-large at atlarge-lists.icann.org>
> *Subject: *Re: [At-Large] A brexit problem that I heard about
>
>
>
> Danko,
>
> About EURID, I stand corrected, it is the EU who sets the rules. EURID
> only enforces them as operator.
>
> I fully agree with you, it is all part of the global package and nobody
> wants to start showing what the possible compromise points will be. The
> problems, from the operation’s point of view, is that in case of no
> compromise they have to do the job overnight on New Year’s Eve and that
> this will happen before the Brexit deadline, so even if a negotiation will
> be successful in 2019 the TLD changes could have been effective already.
>
> A big mess, where, as usual, politics dictates and common sense, once
> again, shows to be far less “common” than we think.
>
> Cheers,
>
> Roberto
>
>
>
>
>
> On 20.08.2018, at 13:53, Danko Jevtović <danko at jevtovic.rs> wrote:
>
>
>
> I understand that it is not up to EURID, but to EC (European Commission),
> that hold the contract with EURID to manage to TLDs.
>
>
>
> The problem seems to be that possible solution (grandfathering clause)
> cannot be discussed outside of the whole package of Brexit negotiations,
> effectively blocking any reasonable progress.
>
>
>
> Danko
>
>
>
> *From:* At-Large <at-large-bounces at atlarge-lists.icann.org> *On Behalf
> Of *Roberto Gaetano
> *Sent:* Monday, August 20, 2018 1:09 PM
> *To:* bzs at theworld.com
> *Cc:* At Large <at-large at atlarge-lists.icann.org>
> *Subject:* Re: [At-Large] A brexit problem that I heard about
>
>
>
> Hi Barry.
> You might have a point in principle.
> However the reality is that each TLD can decide its own rules, and
> therefore whether to be strict in terms of requirements - like for instance
> .bank - or loose - like for instance .com.
> .eu has chosen the first approach, and has all right to do so. Whether
> EURID is willing to make an exception for Brexit - based also on the
> consideration that, as far as I know, they do not make continuous checking
> about whether the resistant still complies with the requirements - or not,
> I don’t know. Apparently not.
> Cheers,
> Roberto
>
>
>
>
> On 17.08.2018, at 19:31, bzs at theworld.com wrote:
>
>
> Ok I'll say it...
>
> How many of these affected *.EU domains were actually entities with
> some sort of EU charter or relationship as the TLD was approved for in
> 2005?
>
> I realize it's naive to point out that .NET was for networking
> organizations and .ORG for not-for-profits etc. in a world where we
> have .XYZ and .FAIL (must they really be FAILures?)
>
> Ok that ship has sailed because no one wanted to enforce it as it
> would interfere with maximazing domain sales in those TLDs.
>
> But are we really supposed to get lathered up about those who now got
> burned flouting all that?
>
> What promise do those affected actually expect to be upheld? Chapter
> and verse not "well, we assumed..."?
>
> And, no, marching out one or two bona-fide examples doesn't quite rise
> to a counter argument.
>
> If there were only one or two or ten I'll guess they could be handled
> since they would have always had a legitimae reason to represent
> themselves with a .EU domain which one would hope would allow them
> some explicit accommodation.
>
> --
>       -Barry Shein
>
> Software Tool & Die    | bzs at TheWorld.com             |
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