Users and the New gTLDs
With regard to new gTLDs document, at the ICANN Cairo session the Chair of the At-Large Advisory Committee (ALAC) put foward this comment: "We have divvied it up totally to yet another ad-hoc Working Group. So everyone has a section and we are at a point of not doing a line-by-line analysis as a whole but in a subset analysis. But our Advisory Committee meets monthly as do each of the regional at-large organizations meet monthly. It's now main point on their agenda. So by December, we should be having meaningful responses that have actually gone out to community consultation and coming back in." How nice if this were actually true. 1. If these representatives of the user community have actually formed an ad-hoc working group, then where are their discussions being held? The rest of us "users" would sure like to know. These user reps haven't communicated on the ALAC's gTLD-WG list (which hasn't seen a single comment since 8 September), and they certainly haven't advised anyone of the formation of a new list that would allow for a subset or a line-by-line analysis by community members. 2. Neither has there been any discussion on the lists of the Regional at-large organizations on this topic thus far -- that's a very far cry from being "the main point on their agenda". 3. So we are now into December and no subset analysis has been put out for community consultation -- of course, there is no consequent grassroots feedback coming back in. OK... so what will likely happen next? Here's the probable scenario: ICANN Staff will prevail upon a few members of ALAC to come up with some kind of Statement. One person will wind up doing all the work while the other conscripts will contribute next to nothing to the discussion. One person's Statement will be posted just prior to the commencement of the next ALAC meeting, and the Committee members (most of whom will likely not have even read the Statement) will exclaim "Great Work!" and vote to ratify the language therein. This is not what any of us expected the ALAC/RALO/ALS process to be. It was not meant to be a "think tank" in which just a few select individuals speak out through "Statements" on behalf of the worldwide user community; instead the ALAC was meant to be a coordination point that facilitated an upward flow of input from grassroots communities on issues within ICANN's remit that were of concern to individual Internet users. So, because the ALAC, again, is not doing its job and is not making any real effort to involve the user community, I am asking for those in the at-large world (the public) to take a moment to really think hard about ICANN's new gTLD processes and the potential impact of those processes. Here are some of my own preliminary thoughts: A. On the topic of pricing and non-discriminatory treatment -- When the U.S. General Accounting Office (GAO) considered the question as to whether the Office of Management and Budget Circular A-25 (which relates to cost recovery through user charges by federal government agencies), was applicable to a nongovernmental entity such as ICANN, it determined that whereas ICANN is a project partner under the Memorandum of Understanding, ICANN is not subject to the Circular but necessarily is subject to the Department’s policy to allow project partners only to recover actual project costs -- see http://www.gao.gov/archive/2000/og00033r.pdf Accordingly we have seen ICANN putting forward as a justification for their high new gTLD evaluation fees the notion of a "cost-recovery principle" which while in keeping with the above-mentioned DOC policy still raises the following set of questions: 1. For the last ten years ICANN has chosen not to utilize the principle of cost-recovery as it pertained to the IANA costs incurred on behalf of the ccTLD community (although it had the option under contract to charge fees for such service): "After the effective date of this purchase order, ICANN may establish and collect fees from third parties (i.e. other than the United States Government) for the functions performed under this purchase order, provided the fee levels are approved by the Contracting Officer before going into effect, which approval shall not be withheld unreasonably provided the fee levels are fair and equitable and provided the aggregate fees charged during the term of this purchase order do not exceed the cost of providing the functions." http://www.icann.org/en/general/iana-contract-09feb00.htm Is it discriminatory to invoke this cost-recovery principle against one set of TLD operators (the gTLDs) while not invoking it when dealing with a different set of TLD operators (the ccTLDs)? I, for one, see it as grossly inequitable. 2. If the cost-recovery principle is to be used for gTLDs, can we expect it similarly to be used to deal with IDN ccTLDs? Is ICANN planning to charge the ccTLD world for ten years worth of IDN development costs and other ancillary policy development costs as it now seeks to charge the new gTLD operators? If so, we will be taking a giant step backwards by creating an unnecessary barrier to entry for many in the developing world -- and this will seriously hurt that user community. This viewpoint is consistent with the recent position taken by the Governmental Advisory Committee (GAC) in their Cairo Communique that stated: "the charging of fees for the IDN ccTLD fast track process should be examined further to ensure that it does not constitute an additional difficulty for participation in this process." Policies need to be applied on a uniform basis. If we have chosen not to abide by a project cost-recovery principle thus far in ICANN's ten-year history, now is not the time to rock the boat without widespread community agreement to this radical shift in policy. B. On the topic of pricing and its consequent impact on users -- Are you aware that ICANN runs its own registry operation? This registry (.INT) is managed by ICANN's IANA personnel and incurred no "evaluation costs" nor any other costs for that matter. It offers a registration service to a certain very small class of registrants (IGOs). This is a fine example of how the DNS is supposed to be managed -- small groups with defined needs are accommodated without the incumbrance of major costs. But what does ICANN have to say on the topic of fee reductions for the needy? "No practical method of ICANN financial assistance or fee reductions was identified for the first round of new gTLD applications, though an appropriate mechanism might be defined for subsequent rounds. If staff is able to identify sources for potential grants, financial assistance or match-making opportunities for applicants from qualified developing nations, and indigenous and minority peoples in need, the results will be made publicly available." While ICANN Staff somehow couldn't identify a solution (and I'll bet they tried really hard), there is indeed an obvious solution for these needy applicants that ICANN has overlooked -- the IANA can establish and manage other comparable sets of registry operations (akin to .INT) so that groups other than IGOs may benefit from a low-to-no-cost option (the registry and the registrar are the same organizational entity). But this is a policy choice that ICANN has chosen not to pursue as it is so much easier for ICANN to focus on an unprecedented and unwarranted naked money grab. As I see it, ICANN views it as much more important to squeeze as many dollars as it can from the commercial world while placing the needs of the non-commercial and the developing world on the back burner. What we have here is an organization totally consumed by the notion of launching its .brand initiative to the detriment of all other parties just so that its revenues will eventually rise to the level of the ITU revenue stream. And as we all know, the commercial world isn't too happy about this either... (just read the public comments already posted by firms such as Chevron and brands such as Lego). A closing thought: Users shouldn't have to stand in the wings awaiting an opportunity for affordable new gTLD registries when the mechanisms to afford them a namespace are in ICANN's own hands. Let's have ICANN (through the IANA) put forward a proposal to manage the namespaces of the needy in much the same manner as it now manages the .int domain. If the ITU can take the time to craft new recommendations for the management of .int registrations -- see http://www.itu.int/md/T05-SG02-051206-TD-GEN-0106/e -- then certainly ICANN can put its nose to the grindstone in pursuit of the noble. It's time for ICANN to do something positive for indigenous peoples, to protect endangered languages and the needs of the developing world, to give a damn about the users whose needs go far beyond a .brand namespace. If you value the concept of namespace for the users, this is your chance to write in and let ICANN know how you feel.
Hi Danny couple of points Wich I will limit to the matters effecting the ALAC not ICANN Policyt Development processes per se:- 1. It *is* on the Agenda as a main item 2. We (ALAC via at least two of the ExCom) has taken all the questions and concernes discussed in Cairo by the Ad Hoc group and other attendees to the 1st of the GNSO Briefing session on this and they are listed on the questions list etc., as the transcripts show And will do so for the next call on Dec 8th as well 3. The AdHoc will be formailised on Dec 8th as well (as per Agenda) and I trust you and all the other "users" will not only get involved as the aim of this is to engage much wider than the ALAC per Se but to involve the ALS's via the Regions, get REAL Regional input etc., and I look forward to seeing what comes out of NARALO and other users in yur region on this matter as a reasult of this process... (nice if it resulted in direct comments as well being in the English speaking secotr of course your comments will be required now by the 15th) But all self organised activities from the wide rangeof users you are in constant contact with is no doubt being fed into the NARALO work on this important matter, will be inspirational to the work of the other Regions and contribute extensively to the final ALAC Statements in January (as we need to incorporate the Nion English REgional and User deliberations and interests. CLO (from IGF Meeting where discussions on this topic with users continues) 2008/12/5 Danny Younger <dannyyounger@yahoo.com>
With regard to new gTLDs document, at the ICANN Cairo session the Chair of the At-Large Advisory Committee (ALAC) put foward this comment:
"We have divvied it up totally to yet another ad-hoc Working Group. So everyone has a section and we are at a point of not doing a line-by-line analysis as a whole but in a subset analysis. But our Advisory Committee meets monthly as do each of the regional at-large organizations meet monthly. It's now main point on their agenda. So by December, we should be having meaningful responses that have actually gone out to community consultation and coming back in."
How nice if this were actually true.
1. If these representatives of the user community have actually formed an ad-hoc working group, then where are their discussions being held? The rest of us "users" would sure like to know. These user reps haven't communicated on the ALAC's gTLD-WG list (which hasn't seen a single comment since 8 September), and they certainly haven't advised anyone of the formation of a new list that would allow for a subset or a line-by-line analysis by community members.
2. Neither has there been any discussion on the lists of the Regional at-large organizations on this topic thus far -- that's a very far cry from being "the main point on their agenda".
3. So we are now into December and no subset analysis has been put out for community consultation -- of course, there is no consequent grassroots feedback coming back in.
OK... so what will likely happen next?
Here's the probable scenario: ICANN Staff will prevail upon a few members of ALAC to come up with some kind of Statement. One person will wind up doing all the work while the other conscripts will contribute next to nothing to the discussion. One person's Statement will be posted just prior to the commencement of the next ALAC meeting, and the Committee members (most of whom will likely not have even read the Statement) will exclaim "Great Work!" and vote to ratify the language therein.
This is not what any of us expected the ALAC/RALO/ALS process to be. It was not meant to be a "think tank" in which just a few select individuals speak out through "Statements" on behalf of the worldwide user community; instead the ALAC was meant to be a coordination point that facilitated an upward flow of input from grassroots communities on issues within ICANN's remit that were of concern to individual Internet users.
So, because the ALAC, again, is not doing its job and is not making any real effort to involve the user community, I am asking for those in the at-large world (the public) to take a moment to really think hard about ICANN's new gTLD processes and the potential impact of those processes.
Here are some of my own preliminary thoughts:
A. On the topic of pricing and non-discriminatory treatment -- When the U.S. General Accounting Office (GAO) considered the question as to whether the Office of Management and Budget Circular A-25 (which relates to cost recovery through user charges by federal government agencies), was applicable to a nongovernmental entity such as ICANN, it determined that whereas ICANN is a project partner under the Memorandum of Understanding, ICANN is not subject to the Circular but necessarily is subject to the Department's policy to allow project partners only to recover actual project costs -- see http://www.gao.gov/archive/2000/og00033r.pdf
Accordingly we have seen ICANN putting forward as a justification for their high new gTLD evaluation fees the notion of a "cost-recovery principle" which while in keeping with the above-mentioned DOC policy still raises the following set of questions:
1. For the last ten years ICANN has chosen not to utilize the principle of cost-recovery as it pertained to the IANA costs incurred on behalf of the ccTLD community (although it had the option under contract to charge fees for such service):
"After the effective date of this purchase order, ICANN may establish and collect fees from third parties (i.e. other than the United States Government) for the functions performed under this purchase order, provided the fee levels are approved by the Contracting Officer before going into effect, which approval shall not be withheld unreasonably provided the fee levels are fair and equitable and provided the aggregate fees charged during the term of this purchase order do not exceed the cost of providing the functions." http://www.icann.org/en/general/iana-contract-09feb00.htm
Is it discriminatory to invoke this cost-recovery principle against one set of TLD operators (the gTLDs) while not invoking it when dealing with a different set of TLD operators (the ccTLDs)? I, for one, see it as grossly inequitable.
2. If the cost-recovery principle is to be used for gTLDs, can we expect it similarly to be used to deal with IDN ccTLDs? Is ICANN planning to charge the ccTLD world for ten years worth of IDN development costs and other ancillary policy development costs as it now seeks to charge the new gTLD operators? If so, we will be taking a giant step backwards by creating an unnecessary barrier to entry for many in the developing world -- and this will seriously hurt that user community.
This viewpoint is consistent with the recent position taken by the Governmental Advisory Committee (GAC) in their Cairo Communique that stated: "the charging of fees for the IDN ccTLD fast track process should be examined further to ensure that it does not constitute an additional difficulty for participation in this process."
Policies need to be applied on a uniform basis. If we have chosen not to abide by a project cost-recovery principle thus far in ICANN's ten-year history, now is not the time to rock the boat without widespread community agreement to this radical shift in policy.
B. On the topic of pricing and its consequent impact on users -- Are you aware that ICANN runs its own registry operation? This registry (.INT) is managed by ICANN's IANA personnel and incurred no "evaluation costs" nor any other costs for that matter. It offers a registration service to a certain very small class of registrants (IGOs). This is a fine example of how the DNS is supposed to be managed -- small groups with defined needs are accommodated without the incumbrance of major costs.
But what does ICANN have to say on the topic of fee reductions for the needy?
"No practical method of ICANN financial assistance or fee reductions was identified for the first round of new gTLD applications, though an appropriate mechanism might be defined for subsequent rounds. If staff is able to identify sources for potential grants, financial assistance or match-making opportunities for applicants from qualified developing nations, and indigenous and minority peoples in need, the results will be made publicly available."
While ICANN Staff somehow couldn't identify a solution (and I'll bet they tried really hard), there is indeed an obvious solution for these needy applicants that ICANN has overlooked -- the IANA can establish and manage other comparable sets of registry operations (akin to .INT) so that groups other than IGOs may benefit from a low-to-no-cost option (the registry and the registrar are the same organizational entity).
But this is a policy choice that ICANN has chosen not to pursue as it is so much easier for ICANN to focus on an unprecedented and unwarranted naked money grab. As I see it, ICANN views it as much more important to squeeze as many dollars as it can from the commercial world while placing the needs of the non-commercial and the developing world on the back burner. What we have here is an organization totally consumed by the notion of launching its .brand initiative to the detriment of all other parties just so that its revenues will eventually rise to the level of the ITU revenue stream.
And as we all know, the commercial world isn't too happy about this either... (just read the public comments already posted by firms such as Chevron and brands such as Lego).
A closing thought: Users shouldn't have to stand in the wings awaiting an opportunity for affordable new gTLD registries when the mechanisms to afford them a namespace are in ICANN's own hands. Let's have ICANN (through the IANA) put forward a proposal to manage the namespaces of the needy in much the same manner as it now manages the .int domain. If the ITU can take the time to craft new recommendations for the management of .int registrations -- see http://www.itu.int/md/T05-SG02-051206-TD-GEN-0106/e -- then certainly ICANN can put its nose to the grindstone in pursuit of the noble. It's time for ICANN to do something positive for indigenous peoples, to protect endangered languages and the needs of the developing world, to give a damn about the users whose needs go far beyond a .brand namespace.
If you value the concept of namespace for the users, this is your chance to write in and let ICANN know how you feel.
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-- Cheryl Langdon-Orr (CLO)
Cheryl, I continue to marvel at the ALAC's persistent inability to produce a public comment within the designated time frame. 45 days seem to be sufficient for the rest of the entire world (even for other non-commercial orgs) yet somehow it's never enough time for your Committee. If it weren't for the time extension granted today, the ALAC once more would have had no timely submission. Indicating that you will formalize an ad-hoc committee on the date that the comment period was scheduled to expire is certainly not an inspirational thought that engenders confidence in the feedback loop process that you are managing.. We both know the reality of the ALAC situation. You're chairing a hive with a deficiency of worker bees, and you rely on the North Americans far too often because most of the other regions never seem to have a thing to say. Just look at your own ALAC discussion list. Where is the discussion? It's almost non-existent. Where are the plans to fix the problems that are impacting the user community? They're certainly not being discussed on any of your lists. This is a leadership and management issue. Here's a thought: If folks like Vittorio can manage to get their comments into the public forum on time, then so too can each of your Committee members submit their own personal views in a timely fashion. Anything would be better than waiting for the always overdue ALAC statement that pretends that Committee members have actually engaged in discussion of a topic. As it see it, your Committee is filled with a bunch of duds (many appointed by the NomComm) that bring little added value into the process. You need to have a word with the Nominating Committee so that the ALAC doesn't continue to wind up getting the cream of the crap instead of the cream of the crop. You need Committee members with the ability to manage a sustained on-line discussion and debate. Currently you rely far too much on your Monthly meeting structure wherein very little gets done with almost nothing getting done on-line between meetings. You could do yourself a big favor by placing a moratorium on all ALAC teleconferences for the next three months (forcing your members to necessarily use email to express their views and to communicate with each other). But enough of this... let's talk about about new gTLD policy. I don't have a comfort level with rushing into new TLDs when ICANN's house isn't in order. The compliance tools and manpower are not in place (RAA revisions are not complete and ICANN hasn't demonstrated the capacity to enforce contract compliance with what may be 500 new contracting parties). Further, we have major issues (such as domain name warehousing) that still haven't been addressed. How can we rush to expand the marketplace before having effective and meaningful tools to protect consumers and brand owners? Even though measures are in place to deal with domain tasting, we still have registrars actively engaged in the process with one registrar in particular (NameKing) still burning through a million grace period deletes over the course of a month. Additionally we will need to discuss the disposition of excess revenue from the monies raised in the new gTLD process given ICANN's status as a nonprofit, and given their inability to honor their own word -- perhaps you will recall that we were promised in the .net contract "a special restricted fund for developing country Internet communities to enable further participation in the ICANN mission by developing country stakeholders". ICANN has a way of making promises and then failing to live up to them (especially when it comes to the user community). As I see it, if it's possible to create namespaces for uninhabited territories (such as .aq for Antarctica) then we certainly can create namespaces for indigenous peoples and developing communities, as well as for communities in danger of losing their languages and/or cultures (along the lines of what was done via .CAT). And it shouldn't cost them $185,000 for an "evaluation" plus $75,000 per annum thereafter. If some University can manage to run a small ccTLD with minimal investment on behalf of some community, then why can't we have ICANN allow the same for a small gTLD community without all these insane and needless costs? That's all for now. I look forward to hearing your views on the topic, and maybe you can convince a few others on your Committee to express themselves...
Danny As you well know things would also be so much easier if it was just one persons (or perhaps a passionate few) voice(s) and expertise was required to speak on behalf of the wider and regionally diverse world of At-Large and Internet users However that is Not the case and as we must both surely agreee is both time consuming and challenging... At least when we are dealing with volunteers who do not have the rare energy and enthusiasm that you do for these matters... Your Questions to the ALAC on the matters of our *processes* will be taken on notice and dealt with (a Timeline and Pathway plan will be prepared and I look forward to your cotribution)... As to you and I sharing the *same reality* interms of our faith in and intentions for, the At-Large as it is currently and ALAC <=> RALO <=> ALS structure we work in as YOU should know this is just NOT true you and I have fore some time and I suspect will continue to on several matters live in very different perspectives on this reality and I actually doubt much advantage in poursuing these differewnces of opinion and approach in this fora but happy to take offlist... On many points in our what must be 10 years of occasional interchanges, we have 'Agreed to Disagree' on quite a few pointsand it is no suprise to me that with regards to some of what you outline below, fits that castagory in my personal opinion, *However* as always so much of what you throw out to lists like this is great food for thought and we (the 15 person ALAC with equitable NARALO and Regional representation so I trust you will exercise your right to comment and discussions in this vital fora as well) will both consider and respond... Like it or not the Leadership and Management of VOLUNTEERS is a unique task and (at least so far) I beleive we are making more right than wrong choices in who we are appointing and what we are doing...As you also know we have again got new appointees and RALO Reps into the ALAC and I trust those of us (including you) who are more up to speed on matters will give us and them the *small* amount of time we need to make sure we get closer to better if not best pratices as we clearly FOCUS on Policy outcomes... I also trust you will have noted the immediate positive changes that have occurred even between our last ALAC Meeting 2 weeks back and the one next week from our new ALAC Liaisons for examples... Finally regarding your specific points raised re the new gTLD's I am happy to include these questions or points of view, in our ALAC contribution to the next GNSO Briefing call on this topic and of course in the ALAC Comments if that is what you so desire ( I will do so unless you say not to) and please note that somne of these specific points haver already been made on behalf of our At-Large in our interchanges both in Cairo and at the last call... Kindest regards, I must now focus on the IGF matters for the rest of the day (where AFRALO and APRALO are takong such a predominate role) so forgive any delay in reply to you on any matter for the rest of today, part of tomorrow and obviously while I am travelling... CLO 2008/12/5 Danny Younger <dannyyounger@yahoo.com>
Cheryl,
I continue to marvel at the ALAC's persistent inability to produce a public comment within the designated time frame. 45 days seem to be sufficient for the rest of the entire world (even for other non-commercial orgs) yet somehow it's never enough time for your Committee. If it weren't for the time extension granted today, the ALAC once more would have had no timely submission. Indicating that you will formalize an ad-hoc committee on the date that the comment period was scheduled to expire is certainly not an inspirational thought that engenders confidence in the feedback loop process that you are managing..
We both know the reality of the ALAC situation. You're chairing a hive with a deficiency of worker bees, and you rely on the North Americans far too often because most of the other regions never seem to have a thing to say. Just look at your own ALAC discussion list. Where is the discussion? It's almost non-existent. Where are the plans to fix the problems that are impacting the user community? They're certainly not being discussed on any of your lists. This is a leadership and management issue.
Here's a thought: If folks like Vittorio can manage to get their comments into the public forum on time, then so too can each of your Committee members submit their own personal views in a timely fashion. Anything would be better than waiting for the always overdue ALAC statement that pretends that Committee members have actually engaged in discussion of a topic.
As it see it, your Committee is filled with a bunch of duds (many appointed by the NomComm) that bring little added value into the process. You need to have a word with the Nominating Committee so that the ALAC doesn't continue to wind up getting the cream of the crap instead of the cream of the crop. You need Committee members with the ability to manage a sustained on-line discussion and debate.
Currently you rely far too much on your Monthly meeting structure wherein very little gets done with almost nothing getting done on-line between meetings. You could do yourself a big favor by placing a moratorium on all ALAC teleconferences for the next three months (forcing your members to necessarily use email to express their views and to communicate with each other).
But enough of this... let's talk about about new gTLD policy. I don't have a comfort level with rushing into new TLDs when ICANN's house isn't in order. The compliance tools and manpower are not in place (RAA revisions are not complete and ICANN hasn't demonstrated the capacity to enforce contract compliance with what may be 500 new contracting parties).
Further, we have major issues (such as domain name warehousing) that still haven't been addressed. How can we rush to expand the marketplace before having effective and meaningful tools to protect consumers and brand owners?
Even though measures are in place to deal with domain tasting, we still have registrars actively engaged in the process with one registrar in particular (NameKing) still burning through a million grace period deletes over the course of a month.
Additionally we will need to discuss the disposition of excess revenue from the monies raised in the new gTLD process given ICANN's status as a nonprofit, and given their inability to honor their own word -- perhaps you will recall that we were promised in the .net contract "a special restricted fund for developing country Internet communities to enable further participation in the ICANN mission by developing country stakeholders".
ICANN has a way of making promises and then failing to live up to them (especially when it comes to the user community).
As I see it, if it's possible to create namespaces for uninhabited territories (such as .aq for Antarctica) then we certainly can create namespaces for indigenous peoples and developing communities, as well as for communities in danger of losing their languages and/or cultures (along the lines of what was done via .CAT). And it shouldn't cost them $185,000 for an "evaluation" plus $75,000 per annum thereafter. If some University can manage to run a small ccTLD with minimal investment on behalf of some community, then why can't we have ICANN allow the same for a small gTLD community without all these insane and needless costs?
That's all for now. I look forward to hearing your views on the topic, and maybe you can convince a few others on your Committee to express themselves...
-- Cheryl Langdon-Orr (CLO)
participants (2)
-
Cheryl Langdon-Orr -
Danny Younger