February 2014 - ALAC - lists.icann.org

Request to De-Certify Alberta Community Network Association
by Garth Bruen Feb. 6, 2014

Feb. 6, 2014

Dear all, With full disclosure and a request to object from anyone who has contradictory information, the Chair of NARALO requests that Alberta Community Network Association be de-certified under rule #16 of the NARALO Operating Principles: "16. When an ALS representative does not vote in 3 consecutive NARALO elections or does not contribute a comment on ICANN policy through collaboration on the At-Large discussion lists in 12 consecutive months, it automatically loses its voting rights and active status within the NARALO. The ALS should be notified of the status change and may regain its voting rights and active status if within the next 12 months it votes or participates to online discussions, otherwise the Chair will submit to ALAC a request for de-certification of that ALS." Staff can attest that Alberta Community Network Association has not participated in calls or elections for the required period and has not contributed through commentary on ICANN Policy. It is with great regret since the Chair made attempts to contact the ALS without success. Other members of the community have also confirmed the ALS no longer exists. Alberta Community Network Association did not attend the 2009 Summit and did not respond to the ATLAS II survey. The ALS domain: albertacna.ca is no longer registered. Thank you, Garth Bruen ------------------------------------- Garth Bruen gbruen(a)knujon.com Chair of ICANN At-Large North America (naralo.org)

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Fwd: FW: Policy Advisory Board model - Public Consultation
by Olivier MJ Crepin-Leblond Feb. 5, 2014

Feb. 5, 2014

Dear ALAC colleagues, please be so kind to find below and attached, a letter which was sent by Ron Andruff to Cherine Chalaby, Chair of the ICANN New gTLD Program Committee (NGPC) requesting a Public Consultation to take place about the Policy Advisory Board model proposal which the ALAC has supported in the past. Due to very short time-lines for a reply and since the letter asks for a Public Consultation in which the ALAC will be able to expand on the shortcomings of the Public Interest Commitments (PICs) which we have already pointed out but were ignored, the ALAC Leadership Team (ALT) has given me the green light to sign the letter on their behalf. You'll also find a couple of people from our community co-signing in their individual capacity too. Indeed, many of the PICs filed are so weak, including clauses reserving the right for the gTLD Registry to ignore the commitments altogether, that this process is being grossly mishandled and the ALAC need to voice its concerns. * *Kind regards, Olivier MJ Crépin-Leblond ALAC Chair ** *From:* Ron Andruff [mailto:randruff@rnapartners.com] *Sent:* Monday, January 27, 2014 18:36 *To:* 'cherine.chalaby(a)icann.org' *Cc:* Heather.Dryden(a)ic.gc.ca; 'peter.nettlefold(a)dbcdd.gov.au'; 'Alan Greenberg'; 'Evan Leibovitch'; Marilyn Cade (marilynscade(a)hotmail.com) *Subject:* RE: Policy Advisory Board model - Public Consultation *Importance:* High Dear Cherine, Following on from discussions held in Beijing and Buenos Aires with a broad cross-section of the ICANN community, we understand that SGs/ACs/Constituencies want to provide public comments on how ICANN manages the proper roll out of regulated industries/sensitive string new gTLDs. The concept of the Policy Advisory Boards is currently being circulated more broadly within the community so the purpose of this email and attached letter is to follow up with the NGPC on this matter in support of the GAC Buenos Aires Communique reference to Public Interest Commitment Specifications (PICS). We look forward to your response in due course. Thank you for your consideration. Kind regards, RA *Ron Andruff* *RNA Partners* *www.rnapartners.com <http://www.rnapartners.com> * *From:* Ron Andruff [mailto:randruff@rnapartners.com] *Sent:* Wednesday, September 25, 2013 18:41 *To:* 'cherine.chalaby(a)icann.org' *Cc:* Heather.Dryden(a)ic.gc.ca <mailto:Heather.Dryden@ic.gc.ca>; 'peter.nettlefold(a)dbcdd.gov.au'; Olivier Crepin-Leblond *Subject:* Regulated industry/sensitive new gTLDs PICS - Policy Advisory Board model *Importance:* High Dear Cherine, During the NGPC discussions with the Government Advisory Committee at ICANN Beijing concerns emerged about how to ensure that new gTLDs from regulated industries/professions act in the public interest, and how they can demonstrate that they are fully supportive of the interests of those who are affected as users, not merely as registrants, in such gTLDs. As you know, numerous applications for gTLDs that are representative of, or related to, regulated sectors were received by ICANN. In recognizing the GAC's interest in how regulated industry/sensitive string applicants will adequately address core concerns about the public interest impact of their applications, I have been working with others to develop approaches that are high level and standardized to a great extent. This approach would allow applicants for gTLD strings associated with regulated industries and professions (or other high risk sectors, such as .KIDS, etc.) to demonstrate how they will develop, implement, and enforce policies for the registration practices and standards in their respective gTLDs. In our view, these practices and standards should reflect the concerns of regulatory authorities, public interest organizations -- and most importantly, users -- to enable those gTLDs applicants to move ahead through the review process as expeditiously as possible. An appropriate Policy Advisory Board (PAB) should be established prior to approval of a new gTLD application by ICANN, as the practices and standards it develops will determine acceptable registrants and uses. The attached Policy Advisory Board model documents provide a mechanism by which the GAC safeguard advice for protecting the public interest can be implemented to assure that, as Internet users interact with domains at new 'sensitive string' gTLDs associated with regulated industries and professions, they can be certain that the registrants are bona fide entities engaged in legitimate activities. This PAB approach establishes a standard framework for appropriate safeguards at sensitive string gTLDs that allows the flexibility to ensure that each Policy Advisory Board is reflective of a particular string and the concerns associated with it. The safeguards can be fully developed and implemented through the establishment of balanced and inclusive Policy Advisory Boards that can develop appropriate registrant eligibility criteria and registry policies -- those policies, in turn, can be incorporated within enforceable Public Interest Commitments Specifications (PICS) for the registry. The focus of this model is establishing baseline criteria and a standard threshold of certainty for the public, and for governments, through a standardized approach to accountability and public interest. On behalf of my colleagues and myself, we hope it might inform the NGPC and GAC deliberations on PICS in a useful and productive way. I would welcome further discussion on this matter should you feel that would be of benefit to your Committee. Kind regards, RA *Ron Andruff* *RNA Partners* *www.rnapartners.com* <http://www.rnapartners.com>**

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FW: European Commission comments - ICANN Auction Rules in the new gTLD program
by Olivier MJ Crepin-Leblond Feb. 5, 2014

Feb. 5, 2014

Dear Colleagues, please be so kind to find below the European Commission comments regarding ICANN Auction Rules in the new gTLD program which takes into account the ALAC's Statement on the Preferential Treatment for Community Application in String Contention. https://community.icann.org/x/MlV-Ag Kind regards, Olivier MJ Crépin-Leblond ALAC Chair -------- Original Message -------- Subject: FW: European Commission comments - ICANN Auction Rules in the new gTLD program Date: Tue, 4 Feb 2014 16:26:37 +0000 From: <Camino.MANJON(a)ec.europa.eu> To: Dear colleagues, Please find below the European Commission comments pertaining to the current ICANN Auction Rules. Feel free to distribute among your contacts in case you deem it useful. All the best, */_ _/* */_Ms Camino Manjon Sierra_/* European Commission - DG Communication Networks, Content and Technology Unit D1 (International relations) Internet Governance; ICANN GAC; EU Registry; Internet and Human Rights Desk Officer Iran, Syria , Sudan, Iraq & Yemen Avenue de Beaulieu 25 (5/98) / B-1049 / Brussels / Belgium *T*: +32-2-29-78797 *M*: +32-488-203-447 Twitter @caminomanjon Linked-In https://www.linkedin.com/pub/camino-manjon/50/b20/240 *From:*BABA-NAS Youness (CNECT) *On Behalf Of *CORUGEDO STENEBERG Linda (CNECT) *Sent:* Tuesday, February 04, 2014 3:59 PM *To:* comments-new-gtld-auction-rules-16dec13(a)icann.org *Cc:* HARTOG Eddy (CNECT); FORSBERG Lars-Erik (CNECT); MANJON Camino (CNECT) *Subject:* European Commission comments - ICANN Auction Rules in the new gTLD program Dear ICANN, The European Commission appreciates the opportunity to comment on the recently updated ICANN’s New gTLD Auction Rules and welcomes ICANN's interest in the community views expressed in Buenos Aires, including at the GAC and Public Forum. Please find below our comments. Best regards *Linda CORUGEDO STENEBERG**** **DIRECTOR** ** ** *cid:image001.gif@01CF20CF.7DAF3FF0* **European Commission** *Communications networks, Content and Technologies Directorate-General, DG CONNECT* *Cooperation, Directorate D EU GAC representative* ** *BU 25 06/24* *B-1049 Brussels/Belgium* *+32 22996383 Mobile+32-498996383* *linda.corugedo-steneberg(a)ec.europa.eu <mailto:linda.corugedo-steneberg@ec.europa.eu> * * * * *Public Comment on new gTLD Auction Rules* *1. **General comments* We are deeply concerned about the implications that the Auction Rules in the gTLD program may have for the protection of public policy interests, competition, openness and innovation. As a general principle, ICANN should implement Auction Rules that are consistent with its Bylaws, its non-for profit status, the objectives of the new gTLD Program and the Applicant Guidebook to promote competition, diversity, innovation and consumer choice. As expressed in several comments already submitted during the comment period, the current Auction Rules are advantageous for portfolio applicants rather than for small, innovative and community applicants, which is at odds with the “diversity and innovation” policy that ICANN seeks to promote. It would be desirable to give these applicants a more even playing field when they come up against larger portfolio holders in the contention process. Also, ICANN's auction rules has not yet proven convincing to the community and deserves being revisited in light of the input received. *2. **Relevant GAC advice* The European Commission regards positively the explicit mention in the Auction Rules of the need to "resolve any applicable GAC advice" prior to the participation in the auction process, as part of the applicant's "eligibility" criteria, but regrets the lack of reference to "community applications" or applications with community support, despite the reiterated GAC advise. In this regard the European Commission seizes this opportunity to recall the following passages of recent GAC advice: · "The GAC advises the board that in those cases where a community, which is clearly impacted by a set of new gTLD applications in contention, has expressed a collective and clear opinion on those applications, such opinion should be duly taken into account, together with all other relevant information." (Beijing Communique) · "The GAC reiterates its advice from the Beijing Communiqué regarding preferential treatment for all applications which have demonstrable community support, while noting community concerns over the high costs for pursuing a Community Objection process as well as over the high threshold for passing Community Priority Evaluation". (Durban Communique) · "The GAC requests a briefing on the public policy implications of holding auctions to resolve string contention (including community applications)." (Buenos Aires Communique). It is essential that the outcome of the briefing on the public policy implications of holding auctions requested in the Buenos Aires GAC Communique and the reflections of the GAC on this particular issue are fully taken into account when defining the Auction Rules. Particularly, the auction process _should not_ be initiated until the GAC's briefing request is duly addressed by the ICANN Board. * * *3. **ALAC – Community applications statement* It is important to make a specific reference to the At-Large Community (ALAC) statement of 9.08.2013 on preferential treatment for community applications in string contention; ALAC stressed that some of the new gTLD applications that are intended for communities and have wide public support were not submitted as community applications; those applications are currently in contention with others not designed for the benefit of specific communities and driven purely by commercial considerations. In this regard the European Commission (consistent with its position in the GAC) fully endorses the GAC view that community applications and applications with community support should be given preferential treatment in the new gTLD string contention resolution process, and remind the clear above mentioned GAC Beijing and Durban Communiques. *4. **Security and consumer protection * Security and consumer protection are fundamental public policy objectives. Therefore we endorse those comments proposing that the winning applicant is contractually required to ensure that all security related gTLDs adopt technologies that improve the level of trust of Internet users. A "secure" gTLD implies that the resources offered are truly secure and operating under specific policies that warrant a dedicated level of security to end users. It is therefore contrary to this public policy interest that the winning applicant is decided through an auction process that may simply favour deep pocket applications. Therefore we will repeat again our concern about the negative impact that auctions may have for the preservation and enhancement of the operational stability, reliability, security and global interoperability of the Internet, as expressed during the Buenos Aires GAC meeting: "The European Commission believes that in the new gTLD program, ICANN should aim not just to maintain, but also enhance the level of consumer protection and confidence in gTLDs. ICANN should therefore take this social and community responsibility into account in their implementation plan. It is our understanding that trusted domains such as .safe, .secure and .security risks being awarded to applicants based only upon the price they are willing to pay in an auction. We therefore urge ICANN, in the interest of fostering innovative solutions that enhance global security, not to allow purely commercial interests to prevail in the delegation of these domains. *5. **Negotiations between applicants prior to the Auction process* Over and above, there seems not to be any incentive for financially strong applicants to solve the contention “through voluntary agreement among the involved applicants”. This solution places an unnecessary burden on applicants and departs from the artificial assumption that parties are eager to negotiate. *6. **Destination (use) of Auction funds* We also note the lack of clarity as regards the destination of the significant funds that ICANN will receive as a result of these auctions; it is therefore highly recommended that ICANN begins a consultation process with the community to determine the allocation of the funds gathered through this process, with a focus on its use for community support, capacity building and engagement of stakeholders in least developed nations. *7. **Unilateral powers to modify Auction Rules* ICANN shall not be entitled in its sole discretion to amend these Auction Rules "for any auction at any time and for any reason prior to the deposit deadline for that auction". The abovementioned unilateral power to change the rules currently under negotiation only contributes to increase applicants' uncertainty. The European Commission fully supports that "Any proposed changes, at a minimum, should be announced publicly at least 30 days in advance of any auction, and should be for good cause based on exigent circumstances". We are confident that community input received will allow ICANN to amend the current draft Auction Rules (version 2013.12.12) in a manner consistent with ICANN's objectives and fully rooted in the principle of fairness.

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