Joly, You asked about my cause for concern regarding the changes to the .nyc registry agreement. They are twofold. I’ve some specific concerns about the several changes to the .nyc registry that were undertaken without consulting New York City's individual Internet users. But I’ve broader concerns that center on a governance process that has excluded New York City’s individual Internet users (IIUs) from meaningful participation in scoping and imagining our city’s TLD in every phase of its development and ongoing operation. I review that situation below and conclude with some actions that might help correction the situation. But first, let me address your question about the changes to the .nyc registry agreement. * All Digit/Digit, Letter/Digit, and Digit/Letter Two-Character ASCII Labels at the Second Level <https://www.icann.org/en/system/files/files/spec5-amend-two-char-01dec14-en.pdf>(01 December 2014) This change seems quite reasonable to me. * Letter/Letter Two-Character ASCII Labels <https://www.icann.org/sites/default/files/tlds/nyc/nyc-auth-ltr-ltr-26may15-en.pdf>(26 May 2015) This change also seems reasonable. However, with 1/2 our city's 8 million population foreign born, some might have submitted comments about domain names such as mx.nyc: perhaps suggesting that it be used to address the needs of New York City's 300,000 Mexican immigrants. Or perhaps some of the 800,000 residents with ties to the Dominican Republic would have had suggestions about do.nyc's potential to serve that community. But they (nor the Chinese, Nigerians, Bolivians, etc.) were never provided with that opportunity. One is left to wonder what might have emerged from the minds of those 4,000,000 foreign born and the other New Yorkers. * Letter/Letter Two-Character ASCII Labels <https://www.icann.org/sites/default/files/tlds/nyc/nyc-auth-ltr-ltr-14mar16-en.pdf>(14 March 2016) My comments for the 4 2-character domains activated here (ac, in, na, vg) are similar to those authorized by the 26 May 2015 change above. But seeing the “in” domain name, and with my residence located in “Little India,” and long holding hope of one day traveling to that wonderful country, I dreamt about traveling there and finding a nyc.mumbai, nyc.chennai, or nyc.bangalore, and how they might ease navigation and add comfort to my visit. And on another level I wondered if these domain names might provide an opportunity to establish bilateral social, cultural, and economic exchanges between these great cities? * PDF <https://www.icann.org/sites/default/files/tlds/nyc/nyc-amend-1-pdf-31mar16-e...> With this change (which added 14 new RDDS fields to each domain name’s contact data) I'm curious about the impact it will have on the city's nexus policy. Nexus is a key .nyc feature that offers the potential to differentiate our city’s TLD from the 1000 competitors that strive to sell domain names to our residents and organizations. The policy was arrived at after much consideration and years of urging on our part. Had New York's independent Internet users been consulted here, it might have sparked a broader conversation about the nexus policy . For example, how well it is being enforced, its impact on privacy, how does registration transparency help or hinder name sales, etc. As well, it might have enabled a discussion about open data and bulk access to the registrant data, something the city has refused to share. Let me conclude these thoughts by reiterating that they are my individual concerns and not those of my fellow New Yorkers who were not offered the opportunity to comment on these matters. *Getting back to my broader concern… * When one considers that the city administration has never had a meaningful consultation with NYC's individual Internet users, not during the long process leading up to the submission of the application for the .nyc TLD, nor in the years since its submission, one wonders about how well the public interest is being served and the efficacy of the multistakeholder model, the foundation for Internet governance. And when one considers that there's no ongoing channel enabling New York’s IIUs to participate in a local, home grown, governance process, the At-Large must ask how well the .nyc TLD is advancing the public interest. **What**’s **to **be **done**?** Short term the following: * NARALO, then ALAC should pass a resolution calling for ICANN to redouble its efforts to facilitate engagement of New York City’s IIUs in considering registry changes that impact the operation of the .nyc TLD. (This policy might apply more broadly, e.g., to dotCities globally, but that’s subject to some research. See below.) o The resolution should require that ICANN staff immediately begin sending notifications to local At-Large Structures when the operator of a city-TLD in their realm makes application to modify a registry agreement. o The resolution should include a recommendation that these ALSes be provided with the opportunity to comment on all proposed changes to the registry agreement at traditional ICANN PDPs and locally at open public hearings. (Recognizing that a contract is in place, the ICANN should recommend that appropriate changes take place ASAP, noting that they will seek permanency upon renewal of the registry agreement.) * At-Large Structures located in other cities with TLDs should be asked to assess the level of engagement by IIUs in TLD policy development processes. If the engagement level is unsatisfactory, ICANN should work to facilitate more involvement by IIUs, working through ALSes when practicable. * In cities without At-Large Structures ICANN should determine the level of engagement by IIUs. In instances where it is found to be unsatisfactory, ICANN should seek remediation through the formation of effective At-Large Structures. Long term: * ICANN should require that cities applying for TLDs demonstrate in their applications that a suitable level of "informed consent" about a TLD’s potential role exists in the jurisdiction. * That participants in a multistakeholder environment have been appraised of the opportunities provided by a city-TLD and have been meaningfully engaged in the application’s development. * That cities applying for TLDs incorporate the opinions of residents and independent Internet users when preparing their applications. * That At-Large Structures or similar entities be created to enable long-term engagement by IIUs in the operation of the city-TLD. (Note, there's an obvious At-Large self-interest in such a resolution as it might provide a basis for future development of local At-Large structures.) I hope this answers your question. In support of the above I’d like to see if New York is alone in regard to the exclusion of IIUs from the city-TLD governance process. I’ve compiled two lists of cities that have been issued TLDs: those that have At-Large Structures (13) and those with ISOC chapters (22). There’s some overlap. I’ve begun a Google questionnaire to gather some info here <https://docs.google.com/forms/d/1MO5f2u8aFMxnBEu3I6UICIjl0as12wKgzBMf3f3Hwg0...>. Your thoughts would be greatly appreciated. [_This invite applies to all, not just Joly._] Sincerely, Tom Lowenhaupt ------------------------------------------------------------------------ On 5/16/2016 1:41 AM, Internet Society - NY Chapter wrote:
Tom,
I apologize if I have not been duly diligent in this matter.
What in particular in the changes to the registry agreement is the cause for concern?
j
On Sun, May 15, 2016 at 10:52 PM, Thomas Lowenhaupt <toml@communisphere.com <mailto:toml@communisphere.com>> wrote:
Following up on the recent exchange here on NARALO Discuss, concerning the 4 changes to New York City's .nyc registry agreement, and my belief that modification to the extant operating processes were in order, today I reviewed the ICANN By-Laws <https://www.icann.org/resources/pages/governance/bylaws-en#XI> as they relate to ALAC responsibilities. And it seems apparent that more should be done to keep New York City's individual Internet users informed and engaged about ICANN activities.
I base this conclusion on my reading of Article XI, subsection 2.4.j which lists 10 responsibilities of ALAC. If one considers responsibilities 2, 4, 5, 6, and 10, one is likely to conclude that something fell through the cracks <https://en.wiktionary.org/wiki/fall_through_the_cracks> in the 4 instances where the registry agreement was changed and the city's individual Internet users were not informed.
"The ALAC is also responsible, working in conjunction with the RALOs, for coordinating the following activities:
1. Making a selection by the At-Large Community to fill Seat 15 on the Board. Notification of the At-Large Community's selection shall be given by the ALAC Chair in writing to the ICANN Secretary, consistent with Article VI, Sections 8(4) and 12(1). 2. *Keeping the community of individual Internet users informed about the significant news from **ICANN**;* 3. Distributing (through posting or otherwise) an updated agenda, news about ICANN, and information about items in the ICANN policy-development process; 4. *Promoting outreach activities in the community of individual Internet users;* 5. *Developing and maintaining on-going information and education programs, regarding **ICANN**and its work;* 6. *Establishing an outreach strategy about **ICANN**issues in each RALO's Region;* 7. Participating in the ICANN policy development processes and providing input and advice that accurately reflects the views of individual Internet users; 8. Making public, and analyzing, ICANN's proposed policies and its decisions and their (potential) regional impact and (potential) effect on individuals in the region; 9. Offering Internet-based mechanisms that enable discussions among members of At-Large structures; and 10. *Establishing mechanisms and processes that enable two-way communication between members of At-Large Structures and those involved in **ICANN**decision-making, so interested individuals can share their views on pending **ICANN**issues."*
Think about it... Between December 1, 2014 and March 31, 2016 four (4) changes were made to the .nyc registry agreement <https://www.icann.org/resources/agreement/nyc-2014-01-23-en>. No effort was made to inform New York City's individual Internet users about these changes or their possible impact. After reading clauses 2, 4, 5, 6 and 10 does anyone disagree with my conclusion, that more should be done to keep New York City's individual Internet users informed and engaged about ICANN activities?
If there 's no disagreement, how do we move ahead to assure that ALAC responsibilities, as spelled out in Article XI of ICANN's By-Laws, are appropriately adhered to in the future?
Sincerely,
Tom Lowenhaupt
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