Thanks Steve - if there is agreement that these are suitable definitions perhaps we can have the report refer to them so as to avoid confusion as to scope, etc. On 10/01/2016 15:07, Steve DelBianco wrote:
Please see these working definitions of ‘Consumer' and 'Consumer Trust', from the 2012 Working Group that defined measures and metrics for the AoC Review of the 2012 gTLD expansion (link <http://gnso.icann.org/en/issues/cctc/cctc-final-advice-letter-05dec12-en.pdf> to WG report, page 5):
*Consumer* is defined as actual and potential Internet users and registrants.
*Consumer Trust* is defined as the confidence Consumers have in the domain name system. This includes
(i) trust in the consistency of name resolution (ii) confidence that a TLD registry operator is fulfilling the Registry’s stated purpose and is complying with ICANN policies and applicable national laws and (iii) confidence in ICANN’s compliance function.
*Consumer Choice* is defined as the range of options available to Consumers for domain scripts and languages, and for TLDs that offer meaningful choices as to the proposed purpose and integrity of their domain name registrants.
*Competition* is defined as the quantity, diversity, and the potential for and actual market rivalry of TLDs, TLD registry operators, and registrars.
That WG was created per a Dec-2010 Board resolution (link <http://www.icann.org/en/minutes/resolutions-10dec10-en.htm>) requesting advice from the GNSO, ccNSO, ALAC and GAC on establishing the definition, measures, and three-year targets for competition, consumer trust and consumer choice in the context of the DNS in preparation for the AoC required review of the 2012 gTLD expansion. The WG's final report <http://gnso.icann.org/en/issues/cctc/cctc-final-advice-letter-05dec12-en.pdf> was adopted by its chartering organizations, GNSO and ALAC, with ALAC adding several additional measures.
I believe these definitions are appropriate and workable for purposes of reviewing ICANN’s remit in expanding the gLTD space. They aren’t universal definitions to apply for everything ICANN does, but
From: <accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org>> on behalf of Nigel Roberts <nigel@channelisles.net <mailto:nigel@channelisles.net>> Date: Saturday, January 9, 2016 at 3:32 PM To: "accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>" <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> Subject: Re: [CCWG-ACCT] "Consumer Trust" in the Mission Statement
"Furthermore,under EU law, the notion of consumer does not extend to legal persons, even if they have a non-business character (e.g. non-profit associations).
The Court of Justice has consis- tently held that EU definitions of consumer must not be given a wider interpretation."
On 01/09/2016 10:30 PM, Nigel Roberts wrote:
The definition of 'consumer' in this is problematic.
In EU legislation it generally excludes businesses. A common understanding would be a 'natural person acting outside the scope of an economic activity'.
On 01/09/2016 09:56 PM, Bruce Tonkin wrote:
Hello Malcolm,
Even if rephrased, I don't think I understand what is intended to be meant by "consumer trust".
It is a general term like human rights and public interest.
I think the key is that it needs to be grounded in what it means for ICANN's limited mission.
If we are talking about domain names it could be that:
- a domain name resolves deterministically to a particular resource connected to the Internet
(the implementation of DNSSEC at the root was intended to help with that)
- there is a legal person that can be contacted when there is a problem with the operation of the domain name
(the collection and publication of contact information was intended to help with that)
What it should not be in my personal view:
- anything to do with the content of a website that might be referred to by the domain name
- anything to do with the characteristics of a legal person associated with a domain name that might be inferred from the name
Regards, Bruce Tonkin
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