July 2011 - NA-Discuss - lists.icann.org

Numbers
by Joly MacFie Aug. 2, 2011

Aug. 2, 2011

> would that there were 15 more people active in naralo, that would be > more growth than the event at stanford law appears to have generated. > > -e > There must be people out there, and the gTLD action should be a galvanizing factor. We should think hard about recruitment, improve our approach, pick some targets. Where are those brochures I was promised btw? :| j -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- -

5 7

Does ICANN need to evolve its code of conduct?
by Thompson, Darlene Aug. 2, 2011

Aug. 2, 2011

Here is an interesting article: http://www.circleid.com/posts/20110728_does_icann_need_to_evolve_its_code_o… (this is just an FYI) D ᑕᓕᓐ ᑕᒻᓴᓐ ᓄᓇᓕᖕᓂ ᖃᕆᓴᐅᔭᕐᕕᒋᔭᐅᔪᓐᓇᕐᑐᓄᑦ ᑎᑎᕋᖅᑎ ᑮᓇᐅᔭᓕᕆᓂᕐᒧᑦ ᐊᐅᓚᑦᑎᔨᒃᑯᑦ ᐱᔨᑦᑎᕋᖅᕕᖓᑦ ᐃᓕᓐᓂᐊᕐᓂᓕᕆᔨᒃᑯᑦ ᓄᓇᕗᑦ ᒐᕙᒪᖓᑦ ᑎᑎᖅᑲᓂᐊᕐᕕᖓ 1000, ᐊᓪᓚᕝᕕᖓ 910 ᐃᖃᓗᐃᑦ, ᓄᓇᕗᑦ dthompson(a)gov.nu.ca ᐅᖄᓚᐅᑎ: 867 975-5631 ᓱᑲᑦᑐᒃᑰᕈᑎ: 867 975-5610 Taliin Taamsan Nunalingni Qaritauyani Atuqtauningitnun Titiraqtia Nunavut Kavamangat Titiraqarvia 1000, Nayugaa 910 Iqaluit, Nunavut dthompson(a)gov.nu.ca Hivayautik : 867 975-5631 Kayumiktuk : 867 975-5610 Darlene Thompson Community Access Program Administrator Corporate Services Division Department of Education Government of Nunavut PO Box 1000, Station 910 Iqaluit, Nunavut, X0A 0H0 dthompson(a)gov.nu.ca Ph: 867 975-5631 Fax: 867 975-5610 Darlene Thompson Administratrice du programme d’accès communautaire Division des services ministériels Ministère de l’Éducation Gouvernement du Nunavut Case postale 1000, Succursale 910 Iqaluit Nunavut, X0A 0H0 dthompson(a)gov.nu.ca Tél. : 867 975-5631 Téléc. : 867 975-5610

8 11

Re: [NA-Discuss] Please consider my nomination to the NARALO ALAC Election
by ebw＠abenaki.wabanaki.net July 30, 2011

July 30, 2011

> ... > - This is a confidential process; we have been involved in publicity but > have zero influence on how the selection happens; indeed, we will never be > informed officially of how many people stepped forward to be considered apparently the number is 15. would that there were 15 more people active in naralo, that would be more growth than the event at stanford law appears to have generated. -e

1 0

Re: [NA-Discuss] Does ICANN need to evolve its code of conduct?
by ebw＠abenaki.wabanaki.net July 29, 2011

July 29, 2011

Colleagues, with appologies in advance for the length. I think that it is preferable in the abstract that the regulated monopoly, one of the several objects of policy identified in the Green and White Papers, does not provide staff to, or hire staff from, the DoC -- the regulating agency, or ICANN -- the delegated entity conducting rule making. So the departing Chair becoming an empolyee of, or investor in, or both, a venture intending to comply with the competitive structure, in so far as new gTLDs "compete" with the legacy monopoly (and thus far, 10 years after launch, .info has a 6% market share, .biz has a 2% market share), is not contrary to the competition policy goal expressed in the Green and White Papers. In the Affirmation of Commitments, the Department of Commerce observed there exists "a group of participants that engage in ICANN's processes to a greater extent than Internet users generally". This observation refers to the risk of agency capture, and consequent rule making contrary to the intent of the establishing legislation, which presumably includes the public interest as identified by the United States Government. During the tenure of the departing Chair, the record of the Board does not reflect consideration of a competitive tender of the .NET contract. As noted above, new gTLDs established in 20001 and 2004, in their total, have less market share than .NET. The policy, pursued by the Board in the period when Chaired by the departing Chair, has created material benefit for entities like, and including, the entity to which he is now an empolyee or investor or both, while creating no substantive reduction in the market share held by the incumbent legacy monopoly operator. Prior to taking an interest in whether there is material benefit to an officer of the corporation, there is the interest in the material benefit to the regulated industry. Verisign has done very, very well during the years the departing Chair lead the ICANN Board. It has no liabilities under the "cost recovery" model, to bear any cost in the creation of its competition, it has not been barred from increasing the number of prior franchises it holds directly, through the conversion of .NAME from a tenant to a property, is not barred from increasing the number of future franchises it will hold directly, and is not barred from increasing the number of future franchises it will hold indirectly, as tenants, subject of course, to subsequent unconditional conversion to property. And, as mentioned above, none of its contracts with ICANN were rebid competitively during the tenure of the departing Chair. And, through a process as yet undisclosed, it has been relieved of the structural separation obligation obtained by a prior Board, under a prior Chair. This is substantial material benefit for the regulated monopoly. As marks portfolio managers and governments have observed throughout the period a policy directly benefiting the incumbent monopoly was developed and implemented, the primary revenue source for "generic" new gTLDs is likely to be compelled from marks holders, a source of revenue the incumbent monopoly currently enjoys. As a condition for "no harm" to the incumbent monopoly, ending legal challenges by the incumbent monopoly to abandoned competitive policy developed by prior Boards lead by prior Chairs, the Board lead by the departing Chair has simply created a revenue sharing opportunity, to which the departing Chair now participates. This is a real problem. The competition policy goals of the United States are not met by a policy of non-competition and the creation of a mechanism for revenue sharing by non-competitors through expanded exploitation of a captive market. The problem doesn't go away or get better because the captive market is IP holders acting in their own narrow self interest, and inflicting collateral damage of their own, limiting the choice of sponsored TLDs in the public interest in the 2004 round to just the Catalan and Postal Union applications. I think the points of views of governments other than the United States, whether Canada or China, reasonably place the interests of those governments ahead of the competitive policy interest of the United States. Canada has a rational interest in ICANN as a policy venue, but little or no interest in competition policy affecting COM/NET/NAME, or namespaces other than .CA. China too has a rational interest in ICANN as a policy venue, and in the (I'm deliberately not using the Han script characters or the Pinyan transliteration into Latin script as I don't think these are widely known outside of China and some specialists in IDN policy) "com-like", "net-like", "org-like" and "gov-like" namespaces, in addition to the .CN namespace, but not directly in competition policy affecting COM/NET/NAME. That is, I understand a reason why Byron Holland may have chosen his issue, and his comparisons with the World Bank's policy, and the policy of the Federal Government of Canada, to make a point. The "personal ethics" narrative has the attraction of being uncomplicated, relative to the competition policy and national public interest narrative. I don't conclude that a change to ICANN's code of conduct is curative of the root problem, which Byron identifies only in the exit strategy of a participant in what appears to be agency capture. I'm personally quite indifferent to the "next" choices of departed Board Chairs, CEOs and Vice Presidents, though concerned by the "change or leave" policy of the most recent CEO hire and its effect on competent senior staff. I suggest that members of NARALO, particularly those who view ICANN in part through the framework of US law, reach out to those in the NARALO who may not come easily to this framework, and offer their comments on the necessity of viewing this transition solely as a code of conduct issue, and the utility of overlooking the benefit to the incumbent monopoly operator. Eric

2 1

Re: [NA-Discuss] Does ICANN need to evolve its code of conduct?
by ebw＠abenaki.wabanaki.net July 29, 2011

July 29, 2011

Hi Evan, > After a lengthy, well-written and detailed account of how ICANN actions > have benefited various parties without curtailing monopoly power and thus > harming the public good... That is kind. Thank you. > ... you conclude by a curt advocacy to "overlook" this. Ah! Bad writing on my part. I meant "don't overlook the benefit to Versign, and the process which made it possible, when looking at the transition, there is much more than a single 'code of conduct' question involving a former Chair in the pursuit of material interest." If Byron wants to chase Peter with pitchforkes and torches, fine. What I want is for the Department of Justice to write the Department of Commerce asking "got competition yet?", and for the Department of Commerce to write the new Chair that competition policy is mandatory to implement. This assumes that the new Chair is as indifferent to competition, and as deferential to Verisign's interests, as his predecessor, a fact not in evidence. I hope that clarifies, and of course the same "to solve a problem in the American administrative law context, use American administrative law tools" advice applies to correspondents in the US, as much as it does to those not watching an artifical political gong show featuring "debt ceiling" ballroom dancing 24x7. Eric

1 0

iBreakfast event in NYC next weds
by Joly MacFie July 29, 2011

July 29, 2011

http://www.eventbrite.com/event/1919183329 Wendy, Annalisa, can I confirm you will be participating? I don't see you listed on the site.. http://www.ibreakfast.com/events.cfm?EID=280 I've arranged a $30- discount code - ISNY - and also to videotape. I'm assured it will be livestreamed but am yet to get more info. j -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- -

1 0

FW: NARALO video
by Thompson, Darlene July 29, 2011

July 29, 2011

Good morning Staff, Do you think that you could set up a confluence wiki page so for the NARALO video as requested below? Thank you, D Darlene A. Thompson Community Access Program Administrator Nunavut Dept. of Education / N-CAP P.O. Box 1000, Station 910 Iqaluit, NU X0A 0H0 Phone: (867) 975-5631 Fax: (867) 975-5610 E-mail: dthompson(a)gov.nu.ca -----Original Message----- From: na-discuss-bounces(a)atlarge-lists.icann.org [mailto:na-discuss-bounces@atlarge-lists.icann.org] On Behalf Of Eduardo Diaz Sent: Wednesday, July 27, 2011 10:33 PM To: Joly MacFie Cc: NA Discuss Subject: Re: [NA-Discuss] NARALO video The confluence page sounds like a great idea to start. I will be doing some thinking to see what I come up with. -ed On Wed, Jul 27, 2011 at 10:25 PM, Joly MacFie <joly(a)punkcast.com> wrote: > At the meeting on Monday Glemm McKnight and I were appointed creators of > the > video that we have received finacing for. $1000 am I correct? > > So. we'd like to get input from the group. > > Anyone have an bright ideas? I guess we are talking > > > I guess we will set up a confluence page much like we did on the showcase > to map progress. > > > > -- > --------------------------------------------------------------- > Joly MacFie 218 565 9365 Skype:punkcast > WWWhatsup NYC - http://wwwhatsup.com > http://pinstand.com - http://punkcast.com > VP (Admin) - ISOC-NY - http://isoc-ny.org > -------------------------------------------------------------- > - > ------ > NA-Discuss mailing list > NA-Discuss(a)atlarge-lists.icann.org > https://atlarge-lists.icann.org/mailman/listinfo/na-discuss > > Visit the NARALO online at http://www.naralo.org > ------ > -- NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. If you have received this communication by error, please notify us immediately by e-mail, and delete the original message. ------ NA-Discuss mailing list NA-Discuss(a)atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss Visit the NARALO online at http://www.naralo.org ------

4 5

Nomination for NARALO ALAC Representative
by Thompson, Darlene July 28, 2011

July 28, 2011

Hi all, I would like to nominate Gareth Shearman for the position of ALAC representative. Gareth served an examplary first term. Now that his first term is complete (which often entails a steep learning curve), I would like to encourage him to pursue a second term. Darlene Darlene A. Thompson CAP Administrator N-CAP/Department of Education P.O. Box 1000, Station 910 Iqaluit, NU X0A 0H0 Phone: (867) 975-5631 Fax: (867) 975-5610 dthompson(a)gov.nu.ca

2 1

Re: [NA-Discuss] NARALO video
by ebw＠abenaki.wabanaki.net July 28, 2011

July 28, 2011

Joly, If memory serves, the brochure is tri-lingual (or versions in FR/EN/ES are available). If so, I hope you'll find a way to incorporate audio in FR/EN/ES. I don't want to revisit the ugliness of last winter's discussion of what the NA region could, or should encompas, so I'll simply follow the lead of the State of California and Monterey County's Board of Eduction which have been recruiting teachers capable of teaching in the indigenous languages of Mexico. I'll get video with audio in Mixtec or Triqui. Eric

2 1

NARALO video
by Joly MacFie July 28, 2011

July 28, 2011

At the meeting on Monday Glemm McKnight and I were appointed creators of the video that we have received finacing for. $1000 am I correct? So. we'd like to get input from the group. Anyone have an bright ideas? I guess we are talking I guess we will set up a confluence page much like we did on the showcase to map progress. -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- -

4 4