2019-07-07

News Review Postscript



Dec 12 UK General Election Results: UK Prime Minister Boris Johnson's Conservative Party wins the largest majority since Thatcher.

Dec 12: ECB press release on monetary policy (rates unchanged) & video of ECB press conference here.  Dec 11 Fed Chair Presser & FISA Abuse Hearing.
  • Below: Editor's Letter to ICANN et al re: .ORG & Ethos Capital; Sordid Backstory of ICANN, Ethos Capital, and .ORG; Namecheap & EFF Rebuttals, and more. See also #SaveDotOrg.
News Review Postscript: Most Read (week ending July 6, 2019), on DomainMondo.com: 
#1 News Review | ICANN65 Recap, Regulatory Capture at ICANN "ICANN65 was a rather more dreadful ICANN meeting than usual, perhaps due to a confluence of factors demonstrating how incompetent, corrupt, and unfit ICANN is ..."

#2 Tech Review 1) Why Jony Ive Chose To Leave Apple, 2) Big Tech & Profits

#3 Android or iOS, Why Smartphones Aren't Exciting Anymore (video)

Signing off for now, thank you.

-- John Poole, Editor  Domain Mondo 

feedback & comments via twitter @DomainMondo
DISCLAIMER

Nov 24, 2019 Editor's letter to ICANN Board et al (pdf) re: .ORG and the sale of Public Interest Registry (PIR) to Ethos Capital.
Domain Mondo: Sordid Backstory of ICANN, Ethos Capital, and .ORG
Nov 27, 2019: Town Hall Meeting on .ORG at IGF 2019: "... ICANN board members Becky Burr and Chris Disspain ... explained the process they go through when ownership of a registry changes. They acknowledged that section 7.5 of the ORG Registry Agreement gives them a role in the transfer of control and that the process associated with that is already happening. They can ask questions of ISOC trustees and PIR about the sale and exchange information. There is no fixed 30-day limit on these exchanges, rather a rolling 30 day limit on each round of questions and responses. Board members acknowledged ICANN’s ability to attach conditions to the recognition of Ethos Capital as the new operator of .ORG. Board member Leon Sanchez was also in attendance ..."

Nov 18, 2019 Namecheap Rebuttal to ICANN Board (pdf) re: .ORG and .INFO price caps.  Excerpt" ... ICANN’s reliance upon Professor  Carlton’s 2009 analysis is misguided because it is an opinion not based upon evidence or facts, but relies upon outdated and incomplete assumptions. Second, ICANN claims that the Base RA was developed through the ICANN policy process, however there is no evidence to suggest that those participants intended or considered the Base RA to apply to legacy TLDs ..." More here.

Nov 19, 2019 EFF Rebuttal to ICANN Board (pdf) excerpt: "... sale of PIR to a private equity firm ... heightens the need for you to spend more time and discussion on the .ORG contract renewal challenges ..." More here.

Nov 15, 2019 ICA Letter to ICANN re: Ethos Capital & .ORG (pdf).

Nov 13, 2019: Ethos Capital, led by former ABRY Partners Managing Partner, buys .ORG registry.
The interesting connection between the .ORG deal and ICANN -- "Former ICANN CEO Fadi ChehadĂ© appears to have a connection to the latest big deal in the domain name industry." -- And they named their company Ethos. Give me a break! 
"... moral bankruptcy ... Especially in combination with the recent removal of price caps for .org domains."

Nov 10, 2019: ICANN66 Wrap (pdf): "... UAM: Domain Name Registrants Look Forward to Suing ICANN under GDPR ... Every Antitrust & Competition Authority in the World Should Be Investigating ICANN & its gTLDs ..." [more here].
Internet Society received $48.7 million in 2018via its affiliate PIR, .ORG Registry Operator (pdf).

Oct 9, 2019, email from a reader: "John, I've been following your comments on the CCT review team – and I’m shocked more people are not paying attention.  Your words are spot on and its extremely troubling. I also spent hours and hours going through DomainMondo.com – wow!! You are right on so many different areas. Are you planning on making a comment here as well?  As a follow up?"

Editor's response: 
Thank you for your email and kind comments. As you may know, I have already commented at various times during the CCT process, see this (pdf). Accordingly, I see no point in commenting further on either the ICANN Board's decision, or ICANN org's "path" concerning the Board's decision re: the CCT recommendations. 
I have pretty much 'given up' on ICANN and its "commenting process" which appears to be as much a public charade as ICANN's claims concerning "competition, consumer trust, and consumer choice." ICANN has failed the global internet community and does not operate in the global public interest. Because of the IANA transition, we, the global internet community, have no effective remedy, at present, to reform or replace ICANN, or its misguided policies and practices.

However, I encourage you, and others so inclined [notwithstanding the above], to submit your own comments to ICANN on this and any other matter. If DomainMondo.com aids in providing reference sources which you find helpful, so much the better.
References:
  • Domain Mondo Archive below (on mobile go to "web version");
Selected comments to ICANN from the Editor:
Also note: "... there are some very disturbing things about the new .ORG Registry Agreement contract. The problems relate to the role of community policy development vs. bilateral contract in the governance of the domain name system. It appears that ICANN’s contracting process provides ICANN and its contracting parties a way to completely bypass ICANN’s policy development process. As such, it undermines the whole purpose of having ICANN in the first place .... It gives the lie to ICANN’s continued claim that it fosters bottom up multistakeholder consensus policies. It provides for an end run around fundamental bylaw constraints, such as the one prohibiting ICANN from regulating content. This is a troublesome loophole in ICANN’s contractual model of governance, and board members and GNSO representatives need to do something about it. As for the community, we need to put Verisign on notice. We will not allow the same thing to happen to the .COM contract ... a coalition with antitrust agencies concerned about market power and monopoly pricing and civil society free speech advocates would be powerful, and litigation inevitable if they try the same trick again."--Dr. Milton Mueller, The real problem with the new .ORG contract | internetgovernance.org (emphasis added);
and The Case for Regulatory Capture at ICANN | ReviewSignal.com;
and ICANN Fails the Internet Community, allows an unlimited non profit tax | ReviewSignal.com;
and  Namecheap, Inc. 12 Jul 2019 Reconsideration Request (pdf) re: ICANN’s decision to renew the registry agreement for .ORG and .INFO without the historic price caps.  Follow the proceeding here;
Read also How the battle over domain prices could drastically change the web | mashable.com: "... [ICANN] just opened the door to monopolies charging whatever they want for registering a web address. Ironically, the U.S. government formed ICANN in 1998 to prevent a monopoly ..."
and  Electronic Frontier Foundation (EFF) 30 July 2019 Reconsideration Request (pdf) re: .ORG registry agreement renewal, including incorporation of the URS and "explicit permission from ICANN for PIR to 'at its election, implement additional protections of the legal rights of third parties' unilaterally and without further consultation with existing .org registrants or the ICANN community." Follow the proceeding here, including this letter from EFF (pdf), excerpt:
"... The Ombudsman’s Evaluation misstates EFF’s positions and reflects a fundamental misunderstanding of the issues. The Committee should disregard the Ombudsman’s Evaluation and recommend to the Board that EFF’s Request for Reconsideration be granted ..." 
Read also: Opening the Door for Censorship: New Trademark Enforcement Mechanisms Added for Top-Level Domains | eff.org.
and  "... it is troubling to see ICANN dismissing comments because they were collected via an organized campaign, since it essentially closes off the comment space to anyone other than ICANN insiders. This defeats the purpose of having public comments ...  If ICANN does not take this duty seriously, people will naturally start to question why it should be entrusted with this role."--Michael Karanicolas, Wikimedia Fellow at Yale Law School, Sep 14, 2019 (emphasis added).
and letter to ICANN Ombudsman (pdf) from Internet Commerce Association, Sep 12, 2019. [Editor's note: even the ICANN Ombudsman is incompetent, an Inept Apologist for a 'Corrupt' & 'Captured' ICANN.]
"ICANN fatally flawed"
ICANN65, EPDP, AMAZON, New gTLDs, Regulatory Capture at ICANN
Trademarks (.BRAND) gTLDs were a MISTAKE (read 2)b. at that link),
an extortion racket, see .PING testimony. Follow .AMAZON reconsideration here and here.
"Let’s face it, the Internet is a utility and so are the corporations who control it .... Technology needs to be regulated"--Alan Patricof.
Ill-Conceived & Corrupt New gTLDs: Win $50 Million By Losing New gTLD Auctions
"Signing off for now ..."
"To create something that's genuinely new, you have to start again and I think with great intent, you disconnect from the past."--Jony Ive
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