March 2007 - NA-Discuss - lists.icann.org

Signing Ceremony - European and African MoUs at Lisbon
by Nick Ashton-Hart March 26, 2007

March 26, 2007

Dear European and African ALS representatives: The signing ceremony for the two regions, as well as a recognition of the conclusion of the Asia Pacific region's MoU, will be held at approximately 1230 on Thursday as part of the main Public Forum of the ICANN Lisbon meeting. More details will be posted on the regional Wikis and also on the main ICANN meeting website at www.icann.org/meetings/lisbon. Suffice to say that the signing will include a formal ceremony, webcast and scribed live, interpreted into French, Arabic, Spanish and Portuguese, which will be also be recorded and available afterwards. The ALS representatives who are signing the MoU will be invited onstage to sign, their name and ALS name announced, shake hands with Paul and Vint, and photos made available afterwards of each ALS rep as well as the regional group. Those ALS representatives not present to sign in Lisbon will be provided a mechanism to adhere to the MoU without a physical signature. African representatives are electing their regional officers on Tuesday; Asia -- Regards, Nick Ashton-Hart Director, At-Large ICANN PO Box 32160 London N4 2XY United Kingdom Main Tel: +44 (20) 8800-1011] USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 email: nick.ashton-hart(a)icann.org Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

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Re: [NA-Discuss] Suggestion: Name the public as intended beneficiary of RALO MOUs
by Wendy Seltzer March 23, 2007

March 23, 2007

Pardon me, but if it's not a binding agreement, namely a contract, what's the point to anyone signing it? To create pretty ceremony? Each of the parties to the agreement assumes obligations to the other. In addition, since those obligations are for the express benefit of individual Internet users, they're enforceable by those users. Otherwise, we're just creating more paper for thre landfills and more bureaucracy to prevent the individual's voice from being heard. --Wendy -- sent from the TreoPod -- Wendy Seltzer wendy(a)seltzer.com cell: 914.374.0613 Brooklyn Law & Berkman Center -----Original Message----- From: "Nick Ashton-Hart" <nick.ashton-hart(a)icann.org> Subj: Re: [NA-Discuss] Suggestion: Name the public as intended beneficiary of RALO MOUs Date: Fri Mar 23, 2007 11:33 am Size: 2K To: "Wendy Seltzer" <wendy(a)seltzer.com> cc: "Michael Maranda" <mmaranda(a)afcn.org>, na-discuss(a)atlarge-lists.icann.org To clarify, as I have been given to understand the MoUs between ICANN and the regions is not a contract as that term is understood in law. It is an agreement, but not of legal standing such as a contract. I am seeking clarification from the GCs office with respect to the other points raised and suggested. What lawsuit do you envisage precisely when below you suggest that the only obligation of a RALO is to disseminate information? And why would the individual ALSes wish to sign an MoU that allows any in the general public to sue them - since they are the other party to ICANN in the MoU and since it has been said in this chain that one could sue either the RALO or ICANN. Perhaps I'm missing something? On 23/03/07, Wendy Seltzer <wendy(a)seltzer.com> wrote: > > > > > >Also: What will "expressly enforceable" look like? > > > > It wouldn't do anything directly, but it would mean that anyone could > > bring a lawsuit if ICANN or the RALO breached its contractual > > obligations. To that end, we should put into the MOU more of the > > things we've been insisting ICANN do for the at-large public. > > :What "contractual obligations" will > the RALO have? (Is the MOU a contract?) > > The world of ICANN is built around contracts rather than public law. In that environment, the only way to get anything done is to have an enforceable contract right (or to get your views endorsed by someone who does or by a sufficiently influential government). The MOU is our chance to establish contractual rights for the individual Internet user against ICANN. If we don't do that, the RALO will be as useless as every other mode of so-called public participation. > > : What resources will the RALO have to meet those obligations, and where > will those resources come from? Will they be sufficient to meeting those > obligations? > > The RALO's obligations are to disseminate information. I was merely mentioning them for completeness. > > --Wendy > > > _______________________________________________ > NA-Discuss mailing list > NA-Discuss(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > --- > Draft MoU with ICANN: > http://www.icannwiki.org/NA_RALO_MOU > > Draft Operating Principles: > http://www.icannwiki.org/NA_RALO_OP > -- -- Regards, Nick Ashton-Hart PO Box 32160 London N4 2XY United Kingdom UK Tel: +44 (20) 8800-1011 USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart --- message truncated ---

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Re: [NA-Discuss] Suggestion: Name the public as intended beneficiary of RALO MOUs
by Nick Ashton-Hart March 23, 2007

March 23, 2007

To clarify, as I have been given to understand the MoUs between ICANN and the regions is not a contract as that term is understood in law. It is an agreement, but not of legal standing such as a contract. I am seeking clarification from the GCs office with respect to the other points raised and suggested. What lawsuit do you envisage precisely when below you suggest that the only obligation of a RALO is to disseminate information? And why would the individual ALSes wish to sign an MoU that allows any in the general public to sue them - since they are the other party to ICANN in the MoU and since it has been said in this chain that one could sue either the RALO or ICANN. Perhaps I'm missing something? On 23/03/07, Wendy Seltzer <wendy(a)seltzer.com> wrote: > > > > > >Also: What will "expressly enforceable" look like? > > > > It wouldn't do anything directly, but it would mean that anyone could > > bring a lawsuit if ICANN or the RALO breached its contractual > > obligations. To that end, we should put into the MOU more of the > > things we've been insisting ICANN do for the at-large public. > > :What "contractual obligations" will > the RALO have? (Is the MOU a contract?) > > The world of ICANN is built around contracts rather than public law. In that environment, the only way to get anything done is to have an enforceable contract right (or to get your views endorsed by someone who does or by a sufficiently influential government). The MOU is our chance to establish contractual rights for the individual Internet user against ICANN. If we don't do that, the RALO will be as useless as every other mode of so-called public participation. > > : What resources will the RALO have to meet those obligations, and where > will those resources come from? Will they be sufficient to meeting those > obligations? > > The RALO's obligations are to disseminate information. I was merely mentioning them for completeness. > > --Wendy > > > _______________________________________________ > NA-Discuss mailing list > NA-Discuss(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > --- > Draft MoU with ICANN: > http://www.icannwiki.org/NA_RALO_MOU > > Draft Operating Principles: > http://www.icannwiki.org/NA_RALO_OP > -- -- Regards, Nick Ashton-Hart PO Box 32160 London N4 2XY United Kingdom UK Tel: +44 (20) 8800-1011 USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

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Re: [NA-Discuss] Suggestion: Name the public as intended beneficiary of RALO MOUs
by Wendy Seltzer March 23, 2007

March 23, 2007

> > > >Also: What will "expressly enforceable" look like? > > It wouldn't do anything directly, but it would mean that anyone could > bring a lawsuit if ICANN or the RALO breached its contractual > obligations. To that end, we should put into the MOU more of the > things we've been insisting ICANN do for the at-large public. :What "contractual obligations" will the RALO have? (Is the MOU a contract?) The world of ICANN is built around contracts rather than public law. In that environment, the only way to get anything done is to have an enforceable contract right (or to get your views endorsed by someone who does or by a sufficiently influential government). The MOU is our chance to establish contractual rights for the individual Internet user against ICANN. If we don't do that, the RALO will be as useless as every other mode of so-called public participation. : What resources will the RALO have to meet those obligations, and where will those resources come from? Will they be sufficient to meeting those obligations? The RALO's obligations are to disseminate information. I was merely mentioning them for completeness. --Wendy

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Re: [NA-Discuss] Suggestion: Name the public as intended beneficiary of RALO MOUs
by Wendy Seltzer March 23, 2007

March 23, 2007

At 04:54 AM 3/23/2007, Michael Maranda wrote: >I like this suggestion. However, I would want to be sure that >community is understood. We're not all on our lonesome in a >Hobbesian world. (I know that isnt the intent, nor a necessary >reading.) i.e., "General Public" is more than just an aggregation >of Individuals. > >Also: What will "expressly enforceable" look like? It wouldn't do anything directly, but it would mean that anyone could bring a lawsuit if ICANN or the RALO breached its contractual obligations. To that end, we should put into the MOU more of the things we've been insisting ICANN do for the at-large public. --Wendy >On 3/22/07, Wendy Seltzer ><<mailto:wendy@seltzer.com>wendy(a)seltzer.com > wrote: >While we're thinking of third-party beneficiaries in the ICANN >accreditation agreements, I'd also suggest it for the RALO MOUs being signed. > >Suggested language: "Third-Party Beneficiaries. This agreement is >made for the benefit of the general public. Individual Internet >users are its intended beneficiaries, and its terms are expressly >enforceable by any member of the public [in this region]." > >--Wendy -- Wendy Seltzer -- wendy(a)seltzer.org Visiting Assistant Professor of Law, Brooklyn Law School Fellow, Berkman Center for Internet & Society http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/

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ICANN Announcement: Registrar Accreditation Policy and Process Must Be Reviewed
by Nick Ashton-Hart March 23, 2007

March 23, 2007

The announcement below should be of interest in the context of the resolution being discussed by the community. The link to this item is at http://www.icann.org/announcements/announcement-21mar07.htm. The list of questions may incorporate some questions which would be worthy of cross-incorporation into the resolution of the community - just a thought. --- Registrar Accreditation Policy and Process Must be Reviewed 21 March 2007 President and CEO of ICANN, Dr Paul Twomey today called for major review of ICANN’s Registrar Accreditation Agreements (RAA) and the Accreditation process. “What has happened to registrants with RegisterFly.com has made it clear there must be comprehensive review of the registrar accreditation process and the content of the RAA” he said. “This is going to be a key debate at our Lisbon meeting scheduled for 26 - 30 March 2007. There must be clear decisions made on changes. As a community we cannot put this off.” “ICANN introduced competition to the domain name market in 1998. Back then there was one registrar. There are now over 865. That’s a good thing because it has made domain names cheaper and offered more choice. But the RAA was designed and signed when the domain name market was much smaller. The market now supports about 70 million generic TLD names and is growing.” Dr Twomey said. “Registrants suffer most from weaknesses in the RAA and I want to make sure that ICANN’s accreditation process and our agreement gives us the ability to respond more strongly and flexibly in the future” he said. “What is presently happening with RegisterFly makes it clear that there are also some problems with proxy registrations. Specifically, proxy registrations are available as a choice, but people who have them have great difficulties getting access to their data and having their domain name transferred where a registrar is uncooperative or has other problems with transfer. ICANN has had difficulty accessing this data too,” Dr Twomey said. “We need to expedite data escrow. There has been a long and detailed discussion and much interaction between ICANN staff and registrars on this issue. But we need to reach a conclusion. Recent events and the Lisbon meeting present that opportunity. There are resource implications and useage rules that need to be discussed among the ICANN community. I look forward to the continuing efforts and collaboration of registrars with ICANN in that regard ” he said. “Registrants clearly want ICANN to have more capacity to access data on their behalf if there are significant problems with their registrar. There is a need for better enforcement mechanisms and an ability for ICANN to intervene more quickly if a registrar fails or is engaged in damaging business practice” he added. “There’s also no way that registrants can measure the performance of registrars in any independent comparative way. That should be encouraged” Dr Twomey said. “The vast majority of ICANN’s accredited registrars offer high levels of service and integrity. But as we have seen, there is the risk that poorly performing registrars can hurt registrants very significantly. If the domain name industry wants to remain community self – regulating as it has been until now we need to put in place further sensible and practical measures to protect registrants” he noted. Dr Twomey said he would like to see the following issues included in any discussion: Purpose of Register Accreditation Policy and Agreement What is the primary purpose of the Registration Accreditation Agreement? Is it a compliance tool? If so how can it be strengthened to protect registrants? Rating of Registrars How should ICANN and/or the registrar constituency encourage a system that rates registrars according to customer service and performance and should this be available to registrants? Affiliated Registrars / Group ownership Affiliated registrars have common ownership or control. What is the best mechanism for ICANN to hold affiliated registrars accountable for an affiliate’s actions? Additional compliance enforcement tools Stronger compliance tools need to be included in any reform to the RAA. What are those tools? Do they encompass liquidated damages? Should registrars be able to be suspended more readily? Are there other options? What are the mechanisms that allow such options to be enforced quickly? Transfer policy What elements of the transfer policy need to be reformed? Should registrants have an alternative to their current registrar for the issuing of authcodes and the unlocking of them? Should ICANN or another entity be able to do this? Registrar operator skill testing How is it possible to assess registrar skills and to train registrars to a common standard of performance upon which registrants can rely? Accreditation by purchase It is possible for companies to ‘avoid’ accreditation application process by buying a registrar. How can abuse of this loophole be stopped? Proxy registrations There needs to be an examination of proxy registrations in light of difficulties faced in registrar data recovery. What is the balance between privacy and disclosure? Reseller liability under RAA What tools are needed to ensure better accountability by resellers to registrants? Registrar data escrow What data needs to be escrowed? If implementation needs to move faster, greater resource allocation is required. What level of resourcing is necessary? Clarification of ICANN's responsibilities and the options available to registrants ICANN recently posted a guide for registrants on its website but additional consumer options (outside ICANN) should be identified for and provided to registrants. Is there a need for a new entity to assist customers and intervene on behalf of their concerns? “All ICANN stakeholders need to be involved in this debate. But in particular I would like to see registrars and registrants actively engaged in the discussion,” Dr Twomey said. “It is in their interests to make sure that poor practice is driven from the process and that the protection of registrants is increased.”

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Suggestion: Name the public as intended beneficiary of RALO MOUs
by Wendy Seltzer March 23, 2007

March 23, 2007

While we're thinking of third-party beneficiaries in the ICANN accreditation agreements, I'd also suggest it for the RALO MOUs being signed. Suggested language: "Third-Party Beneficiaries. This agreement is made for the benefit of the general public. Individual Internet users are its intended beneficiaries, and its terms are expressly enforceable by any member of the public [in this region]." --Wendy -- Wendy Seltzer -- wendy(a)seltzer.org Visiting Assistant Professor of Law, Brooklyn Law School Fellow, Berkman Center for Internet & Society http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/

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Remote Participation in the At-Large Lisbon meetings (and the main ICANN Sessions too)!
by Nick Ashton-Hart March 22, 2007

March 22, 2007

Evening At-Large worldwide! I wanted to make sure everyone knows that those of you who are not attending Lisbon directly, but who would like to listen in / participate especially in the At-Large Tuesday and Thursday policy discussions are encouraged to do so! Teleconference access has been arranged for all these meetings. If a local free access number does not exist, and you would like to attend, please send an email to staff(a)alac.icann.org with: Your name Meeting you wish to attend Time you want to be called (and your timezone) 2 numbers which will work for you (1 is the alternate in case there's a problem with the first one). Note that the schedules, and documents, can all be reached off of: https://st.icann.org/alac/index.cgi?lisbon_icann_meeting Remote participation details can be found on each meeting page. For the main ICANN Meeting, many sessions will be webcast - in particular the public forums and workshops - and the new Public Participation website is also trying out a number of new ways for remote participation to be richer and more robust - including lots of 2-way interfaces between the site and the meetings themselves, allowing you to contribute directly via the internet in the discussions, ask questions, make comments. The link to the main Lisbon meeting is: http://www.icann.org/meetings/ lisbon The new public participation site can be found at: http:// public.icann.org/ -- Regards, Nick Ashton-Hart Director, At-Large ICANN PO Box 32160 London N4 2XY United Kingdom Main Tel: +44 (20) 8800-1011] USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 email: nick.ashton-hart(a)icann.org Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

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Lisbon Documents - in French, English, Spanish, and Brazilian Portuguese!
by Nick Ashton-Hart March 22, 2007

March 22, 2007

Dear All: The consolidated documents page for Lisbon - including now also links to URLs with further information - has been updated and the translations of these documents are in the process of being posted - so look overnight and tomorrow for documents in French, Spanish, and Brazilian Portuguese for many documents. That URL again is: https://st.icann.org/alac/index.cgi?lisbon_documents -- Regards, Nick Ashton-Hart Director, At-Large ICANN PO Box 32160 London N4 2XY United Kingdom Main Tel: +44 (20) 8800-1011] USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 email: nick.ashton-hart(a)icann.org Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

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Fwd: [At-Large] Public Forum on GNSO Improvements, Monday 16:00 Lisbon
by Nick Ashton-Hart March 21, 2007

March 21, 2007

Dear All: I thought this note from Denise might be of interest. ---------- Forwarded message ---------- From: Denise Michel <denise.michel(a)icann.org> Date: 21-Mar-2007 22:13 Subject: [At-Large] Public Forum on GNSO Improvements, Monday 16:00 Lisbon To: alac(a)atlarge-lists.icann.org Dear At-Large Advisory Committee members and At-Large community members: Your participation in the 'Public Forum on GNSO Improvements' scheduled for Monday, 26 March, 16:00 - 18:00, in Lisbon is encouraged. <http://icann.org/meetings/lisbon/agenda-public2-26mar07.htm> The Board Governance Committee (BGC) is hosting this forum to encourage additional public input and discussion on the LSE review and improvements to the GNSO's structures and processes. While input on all elements of the GNSO and the LSE review report are open for comment at the forum, the Committee is particularly interested in hearing your views on the GNSO review recommendations listed below. (Note that questions raised about the recommendations listed below are included to prompt thought and discussion, and are not intended to represent the views of the BGC or its members). *Individuals and stakeholder groups are encouraged to submit views on these and other recommendations in advance of the forum to <gnso-improvements(a)icann.org>. Authors of emailed input will be given an opportunity to present their views prior to opening the forum to comments from the floor.* o Structural Changes to GNSO Constituencies -- LSE recommendation 19. Simplify the GNSO constituency structure in order to respond to rapid changes in the Internet, including by substituting 3 larger constituency groups representing Registration interests, Business, and Civil Society; LSE recommendation 18. Create a category of 'Associate Stakeholder' to establish a pool of available external expertise. - Which entities and individuals should participate in the GNSO process, and what will motivate them to want to join? The six current groups are the natural point to begin discussion. Do they represent the right groups? Are they over or under inclusive? The Bylaws acknowledge that the optimal groupings may be different than the ones that now exist, and that there is no "magic number." The LSE points out several problems with the current structure and suggests the substitution of three larger constituencies — is this the right answer? - Is it feasible to create a roster of readily available experts who can assist with task forces and other aspects of the PDP? - What other questions and approaches should the BGC explore regarding these two LSE recommendations? o Changes to the Policy Development Process -- LSE recommendation 17. Make greater use of task forces [in policy development processes]; LSE recommendation 23. Revise and move PDP operational provisions from Bylaws to more flexible GNSO 'Rules of Procedures.' - Could greater use of task forces, particularly proposals to attract more expertise and geographical diversity, help the policy development process? Would limiting the number of Councilors on any task force enable the Council to focus more on the task of managing PDPs, rather than the substantive aspects of formulating specific policies? Would this change increase the number of people willing to serve on the Council? - There seems to be widespread agreement that the Bylaws are overly prescriptive, and the prescribed PDP steps and timelines have not captured the requirements of a policy development process. Should the PDP principles be preserved in the Bylaws while placing more procedural elements in GNSO 'rules of procedure'? Do you have specific suggestions for how the PDP should be revised? - What other questions and approaches should the BGC explore regarding these two LSE recommendations? o Changes to Voting and Representation -- LSE recommendation 21. Increase the threshold for establishing consensus to 75% and abolish weighted voting; LSE recommendation 20. Make the Council smaller (16 members suggested). - How would raising the consensus threshold and abolishing weighted voting advance the role of the GNSO? The Bylaws task the GNSO with both "developing and recommending" gTLD policies to the Board. - Weighted voting, in particular, was instituted as part of ICANN's Evolution and Reform Process to address the different effect policies have on contracted versus non-contracted constituencies. Has this approach contributed to, or hampered, effective policy development? - What other questions and approaches should the BGC explore regarding these two LSE recommendations? (Please share this announcement with community members and other interested parties.) Regards, Denise Michel Vice President, Policy Development ICANN denise.michel(a)icann.org _______________________________________________ ALAC mailing list ALAC(a)atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org www.alac.icann.org www.icannalac.org -- -- Regards, Nick Ashton-Hart PO Box 32160 London N4 2XY United Kingdom UK Tel: +44 (20) 8800-1011 USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 Win IM: ashtonhart(a)hotmail.com / AIM/iSight: nashtonhart(a)mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart

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