ICANN CEO Fadi Chehadé panders to DNA at ICANN 52 (video)

DNA member breakfast with Fadi Chehadé (2015-02-10): 

The Domain Name Association (thedna.org), Kurt Pritz, and Adrian Kinderis, welcomed ICANN President and CEO Mr. Fadi Chehadé (starts @3:05) to give a talk and answer member questions during the ICANN 52 meeting in Singapore,  February 10, 2015 (video above).

Topics covered: Universal Acceptance; Promotion of New gTLD domain names and ICANN "partnering" with thedna.org; IANA transition; predictability.

This video [full transcript here] gives good insight of a slice of the domain name industry as well as viewpoints of some of the stakeholders present in Singapore at ICANN 52, and a pulse on current issues as noted above--for example: Fadi Chehade made a point of saying that the CWG-Stewardship (IANA transition) is "busy not doing its job" (19:10) and later in the video had an interesting dialogue with Jay Daley, Chief Executive at .nz Registry Services, on the same topic beginning @34:00.

In the video, the ICANN CEO readily admits his ignorance of the domain name industry--no offense to Fadi, but why would ICANN choose anyone as CEO who does not understand the domain name industry? Domain Mondo suggests that the next CEO of ICANN be selected from among the many, very talented people leading ccTLD registry operators throughout the world.

Fadi is also clearly confused about ICANN's role vis-à-vis new gTLD registry operators--regulator or partner? In addition, he starts pandering (@31:00) in suggesting to his audience that ICANN will fund in ICANN's 2016FY Budget (pdf), DNA members' efforts to market or promote their new gTLD domain names [which would be violative of ICANN's Articles/Bylaws as well as California and US federal laws regarding non-profit corporations].

Fadi Chehade's leadership skills have been questioned by many in the past year--for example, his so-called NETmundial Initiative, has been an embarrassment to many within ICANN, particularly after wasting countless hours of his own, and  ICANN staff time, as well as hundreds of thousands of dollars in ICANN's own funds, on the effort.

For further background:

• Blast from the Past: ICANN, New gTLD Domain Names, Conflicts of Interest (video)
• ICANN, Kurt Pritz, Conflict of Interest, new gTLD domain names program
• Is It ICANN's Job To Market New gTLD Domain Names?

and

• ICANN, ICAN'T, IWON'T: uWHAT? How the internet is actually run • The Register
• ICANN anoints new internet kingpin • The Register
• ICANN creates 'UN Security Council for the internet', installs itself as a permanent member • The Register

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ICANN Hates Fairness and Predictability? So What's New?

Domain Mondo has watched in amusement as ICANN Insiders and Outsiders have both recently bemoaned the unfairness, and utter unpredictability of ICANN policies and processes--

Exhibit 1: ICANN's New gTLDs program--see the Booking.com case of an unfortunate new gTLD applicant caught up in ICANN and its new gTLD program's policies and processes--just one comment out of many (and this one is by a trademark attorney)--"... the results flabbergasted many people. Somehow it seemed to mutate into a "bad eyesight similarity review," since the only two "positives" were one where "i" gets confused with "l" and one where "rn" gets confused with "m." Meanwhile, singulars were not similar to plurals. So "hotels" is a similar string to "hoteis" but not to "hotel"..."

Exhibit 2: ICANN's UDRP policy--see the case of easyGroup Limited v. Easy Group Holdings Limited, D2014-2128 (WIPO February 19, 2015) wherein a 3-Member Panel split, with the majority denying the complaint and finding reverse domain name hijacking and the dissent finding lack of rights or legitimate interests and abusive registration--

Getting it Wrong: Split Decision for - IP Legal Corner: "The dissent’s view raises anew an old problem that panelists recognized early on about the UDRP, namely that appointment of the wrong Panel could in fact be a roulette wheel. See Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001) (“The majority believes that potential users of the UDRP are entitled to some degree of predictability. Counseling one who is considering filing a Complaint should consist of more than, ‘It depends what panelist you draw.’”)" (emphasis added)

That's right, ICANN knew "early on" (UDRP policy was adopted by ICANN in 1999) that a UDRP outcome was more dependent upon the panelist(s) one drew--i.e.,a roulette wheel--than the facts and merits of the case. ICANN apparently loves arbitrary, capricious, and unfair outcomes resulting from ICANN policies and processes, because it has done nothing to correct this in over 15 years! ICANN operates in the public interest? Apparently it doesn't matter to ICANN that an end result is wrong, just as long as ICANN's complex and inherently flawed policies and processes were followed. Form over Substance! should be ICANN's official motto.

Exhibit 3: ICANN's policy allowing "sky is the limit" annual registration renewal fees for New gTLD domain names--official ICANN policy allows new gTLD registries to increase registration and renewal fees on domain name registrants without any caps or limitations--

Surprise! Surprise! How much will it cost you dear new gTLD domain name registrants to renew that new gTLD domain name next year? And the year(s) after that? How about building your online business on a new gTLD domain name will cost you $30,000 per year to renew, 3 years from now? LOL! I guess the joke is on all of you new gTLD domain name registrants--and the Joker is ICANN! Domain Mondo warned you--Caveat Emptor!

And Larry Strickling and the NTIA really think ICANN is ready for prime time? Who is being played for a fool?


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