Showing posts with label Public Comments. Show all posts
Showing posts with label Public Comments. Show all posts

2016-01-19

IANA Transition, ICANN Accountability, Comment Analysis, Timeline



Above: CCWG-Accountability 3rd Draft, Public Comments, Trends & Analysis (published by ICANN on January 18, 2016)

Background: "As initial discussions of the IANA Stewardship Transition were taking place, the ICANN community raised the broader topic of the impact of the transition on ICANN's current accountability mechanisms. From this dialogue, the Enhancing ICANN Accountability process was developed to provide assurance that ICANN remains accountable in the absence of its historical contractual relationship with the U.S. Government, which has been perceived as a backstop with regard to ICANN's organization-wide accountability since 1998. The CCWG-Accountability was chartered to consider how ICANN's broader accountability mechanisms should be strengthened in light of the IANA Functions transition, and to review the existing accountability mechanisms such as those within the ICANN Bylaws and the Affirmation of Commitments [AoC]. The CCWG-Accountability is in the process of refining its conclusions and proposals based on the public comment received on the Accountability Framework it identified as essential to have in place or be committed to before the IANA Stewardship Transition (Work Stream 1). Next steps include finalization of the report for the Chartering Organizations' final endorsement. As appropriate, the Work Stream 1 conclusions will be delivered to the ICANN Board of Directors." (source: ICANN Report of Public Comments; emphasis and links added)

Additional info:
Below is the CCWG-Accountability timeline published in late 2015, which has suffered slippage:

Below is the overall IANA Stewardship Transition process, scheduled to be completed in 2016 (except for WS2 / Work Stream 2 accountability issues)




DISCLAIMER

2015-11-02

ICANN Admits New gTLDs Failed Expectations, Should There Be More?

Just a few days ago, Internet Hall of Famer Dr. Paul Vixie blasted ICANN, calling new gTLDs (new generic top-level domains) "all commercial failures"and ICANN "captured by the [domain name] industry"--ICANN's "job is to serve the public, not to serve the companies"--"There should be no price at which you can buy .microsoft [a .BRAND new gTLD], but there is, and that's a mistake. That indicates corruption, as far as I'm concerned." (emphasis/links added)

On Friday, 30 Oct 2015, public comments closed on ICANN's Preliminary Issue Report on subsequent new gTLDs:

ICANN New gTLDs, Subsequent Procedures, Preliminary Report Comments--
"Expanding the DNS is considered consistent with ICANN’s Mission and Core Values, in particular Article 1, Section 2.6 of the ICANN Bylaws: Introducing and promoting competition in the registration of domain names where practicable and beneficial in the public interest. However multiple views regarding whether new gTLDs are needed and the extent to which they may cause harm to the DNS have been articulated throughout the development process to expand the DNS ... Consumer adoption of new gTLDs have not met certain expectations, though success or failure was not pre-defined ... The question of whether or not there should be additional New gTLD rounds is a foundational question and should be answered as early as practically possible, to avoid policy work that may end up being unneeded...." -- Preliminary Issue Report on New gTLD Subsequent Procedures, August 31, 2015 (pdf) (emphasis added).
Preliminary Issue Report on New gTLD [new generic top-level domains] Subsequent Procedures - ICANN: "Following review of public comments received on this report, the Staff Manager will update the Issue Report as appropriate to reflect public comment. The Staff Manager will submit a summary of the public comments received together with the Final Issue Report to the GNSO Council for consideration."

Public Comments submitted--excerpts:

comment John Poole, Editor, Domain Mondo.com: " ... 'ICANN services the global public interest. For me [Tim Berners Lee], that means that when a decision is taken about a possible new top level domain, ICANN's job is to work out, in a transparent and accountable manner, whether it is really in the best interest of the world as a whole, not just of those launching the new domain.' ... until 4.2.1 of your Preliminary Report is answered, all other issues should be deferred as they are premature. Should there even be gTLDs? Most of the original gTLDs (EDU, COM, NET, ORG, GOV, MIL, and INT), were, and many still are, operating under the authority of the U.S. government. Why should lawless multinational corporations be allowed “brand” gTLDs? Many fundamental questions were left unanswered in the original policy development process and implementation, see: ICANN Insiders On New gTLDs: Mistakes, Fiascos, Horrible Implementation."

Google Registry Comment Stephanie Duchesneau: "... we believe that ICANN should rely upon the existing GNSO recommendations and Applicant Guidebook procedures as the basis for future rounds if there is no community consensus on new or modified policies and frameworks ..."

FairWinds Partners Public Comments on Preliminary Issue Report on New gTLD Subsequent Procedures Samantha Demetriou: "... In the context of the Preliminary Issue Report, there are a number of sections that should be expanded to account for the fact that .BRANDs are likely to comprise a significant portion of applications ..."

Business Constituency (BC) on Preliminary Issue Report for New gTLD Subsequent Procedures Steve DelBianco: "...Concerns about premium pricing and predatory pricing were identified by the BC, but ICANN did not consider this a compliance issue. We recommend requiring registry operators to include a detailed description of their proposed Sunrise and premium pricing programs in their applications. ICANN should publish guidance against predatory pricing schemes specifically targeting trademarked terms, as grounds for losing points on the application. Any failure to follow the proposal in the application without a formal change-request would then be an RA compliance issue once the application is incorporated into the signed RA..."

IPC Comments on New gTLD Subsequent Procedures Preliminary Issue Report Greg Shatan: "... The IPC supports going back to “first principles” during this process and encourages a “reboot” of
the New gTLD Program ... one issue that could be more directly addressed by the Report is whether the rapid expansion of the root zone (from the aggregate issuance of many gTLDs) could affect the security and stability of the DNS... questions of whether ICANN compliance is fully prepared to enforce the new registry agreements in a manner that serves the public interest have arisen frequently since the launch of the program ..."


Registries Stakeholder Group (RySG) comments the Preliminary Issue Report on New gTLD Subsequent Procedures Stephane Van Gelder - Starting Dot: "... The Preliminary Issue Report raises the question of whether the issues at stake in a Policy Development Process on New gTLD Subsequent Procedures should be carried out sequentially or simultaneously. The RySG prefers the latter strategy ..." 

Big Room Inc. Comment Jacob Malthouse:"... we do not believe such reviews can properly consider a number of contention resolution aspects of the program until remaining contention sets from the current round have been resolved ... so that lessons learned from the current round can be effectively considered."

INTA Comments on Issue Report for New gTLD Subsequent Procedures Lori Schulman: "... A question to be considered at the outset is whether there should indeed be Subsequent Procedures and, if so, whether any Subsequent Procedures should be limited to certain types of TLDs such as brand or community TLDs. If the answers to these questions were to be negative then many of the other issues identified in the Report would become academic..."

GAC input to public comment process Tom Dale: "... before defining the modalities for future rounds, a rigorous assessment of all public policy related aspects of the current round should be undertaken, taking into account the advice given by the GAC on this subject since the beginning of the New gTLD process, including advice relating to community-wide engagement on the issues of communication to and access by developing countries and regions; and advice regarding past policy decisions taken by the Board to reserve the Red Cross and Red Crescent designations and names..."

Comments New TLD Subsequent Procedures Annebeth Lange, UNINETT Norid AS: "... the AGB is in our opinion a document that can be used in subsequent rounds..."

ALAC Statement on the Preliminary Issue Report on New gTLD Subsequent Procedures ICANN At-Large Staff: "... In Section 4.2.1.2 there is sadly no mention of the potential harm to consumers in launching a new round when the prior round did not deliver on its public interest promises. Quite the contrary, the Issues Report weakens the importance of this factor with this observation: “Consumer adoption of new gTLDs have not met certain expectations, though success or failure was not pre-defined”. We beg to disagree. Some failures were anticipated. Sadly, attempts to mitigate or entirely avoid them were either not fully embraced or, simply ignored. Some must be mentioned for balance to the thread:  The failure of the PIC regime, that was identified by ALAC, acknowledged by staff and Directors but never satisfied  The complete and utter failure of the Applicant Support System  The failure of the Community Evaluation Program to achieve its goals, with poorly-defined communities accepted while legitimate community efforts were rejected  The increasing use of unpoliced TLDs as sources of spam and phishing  The failure of the gTLD expansion to help alleviate demand in the legacy TLDs .... 4.7.3 Work Process Options The ALAC is concerned that the GNSO might be tempted to launch a PDP-WG using the Simultaneous method of work. This type of work is indeed very challenging to both ICANN staff and the volunteer community in particular. It provides a significant advantage to participation by those community members who are paid for their attendance, to the detriment of volunteers who are over-stretched when they need to balance ICANNrelated pro-bono work with other work. With the ICANN communities complaining of volunteer overload, working on all five preliminary groupings would seriously unbalance the Multistakeholder model that ICANN is built on. Again, the ALAC is concerned that speed and rush might be placed above thoroughness and diligence. On balance, the ALAC is convinced that amendments to the draft WG Charter are both needed and necessary and we strongly recommend so."

Individual Comments of James Gannon, Cyber Invasion Ltd James Gannon: "... While understanding that there may technically be a policy commitment to subsequent rounds we believe that if there is genuine reason found to cancel subsequent procedures then that must be honored. We do not believe that the assumption from the 2007 Final Report serves as suitable justification for advancing subsequent rounds, but that there must be a combination of factors including community support, technical justification and business drivers to bring about a subsequent or continuous round in future.We support the recommendation that policy efforts be undertaken by the GNSO to examine the viability of subsequent rounds..."

See also on Domain Mondo:



DISCLAIMER

2015-10-24

ICANN 54: New gTLDs Still Beg For Money, Claim Severe 'Implications'

UPDATE 27 Oct 27 2015: On Sunday, Internet Hall of Famer Paul Vixie unloaded on ICANN and its new gTLDs (new generic top-level domains), calling the new gTLDs "all commercial failures" and ICANN a corrupt, industry-captured corporation that does not serve the public interest--as reported by ZDNet (emphasis added)--
  • "I think it [ICANN's new gTLDs] is a money grab. My own view is that ICANN functions as a regulator, and that as a regulator it has been captured by the industry that they are regulating. I think that there was no end-user demand whatsoever for more so-called DNS extensions, [or] global generic top-level domains (gTLDs).”
  • The demand for the new domains came from "the people who have the budget to send a lot of people to every ICANN meeting, and participate in every debate", that is, the domain name registrars who simply want more names to sell, so they can make more money. But these new domains don't seem to be working. "They're gradually rolling out, and they are all commercial failures."
  • "I'm sure that there will be another 2,000 of them sold, because $185,000 to pay the application fee for each one [is] chump change to the companies who want to make money doing this."
  • Creating the new domains goes against ICANN's purpose--"ICANN is a 501(c)(3) non-profit public charity [under the California Nonprofit Public Benefit Corporation Law], and their [ICANN's] job is to serve the public, not to serve the companies... I think that until they can come up with an actual public benefit reason they should be creating more of these, they've got no cause to act;" "there should be no price at which you can buy .microsoft, but there is, and that's a mistake. That indicates corruption, as far as I'm concerned."
_______

ICANN 54: The same tired refrain was heard yet again at another ICANN meeting, from the failing new gTLDs lobbyists, if only slightly more desperate this time--

"Good afternoon, Christa Taylor from dot TBA in Canada. I just have a couple comments for consideration for the Board and community. I understand the use of auction funds is open for comments and I would ask that they be used to strategically and financially benefit the new gtld ecosphere. Registration revenues have not reached the tipping point and implications could be severe if they're [the ICANN auction proceeds] utilized in some other manner..." (emphasis added) (ICANN 54 Public Forum, October 22, 2015)

Translated: Many new gTLDs (new generic top-level domains) are failing, and we (the new gTLDs lobby) want ICANN (and the global internet community) to financially support us and 'save us' from the consequences of our failing to do proper 'due diligence' before applying for unwanted, unneeded new gTLD(s), for which nobody, including ICANN, guaranteed 'success,' and now we want YOU to give us YOUR money.

Have these people (new gTLDs lobbyists) no shame?

Actually, Ms. Taylor apparently was not listening--it was announced at the beginning of the Forum that this was not the time nor place to make comments about issues for which there are, or would be, ongoing ICANN processes open for public comments--see: New gTLD Auction Proceeds Discussion Paper Open for Public Comments until 8 Nov 2015 23:59 UTC.

Unsurprisingly, Ms. Taylor's 'comment' was appropriately 'dealt' with (i.e., brushed off):

Wolfgang Kleinwachter: ... Cherine will take the first part of your question.

[ICANN Board Member] Cherine Chalaby: Regarding the -- what to do with the auction money, I think this is -- we are committed that this is going to be a community decision, and the Board is not going to direct where this money is going to be. So you got to give your input. I think the GNSO is going to you know, undertake the work there and make a recommendation on this issue. And they use the community input as a whole in that. So that's an important thing. Thank you very much.

We have heard this same refrain from the new gTLDs lobby, over and over again, at other ICANN Public Forums--see: ICANN is NOT a new gTLDs Marketing Agency: ICANN 53 Review, Part 3 (June 29, 2015).

Anyone wanting more background on this should read:
Or just listen to a new gTLDs registry operator, Frank Schilling (Uniregistry):
"I do think that Donuts’ approach of having a large portfolio [hundreds] of [new gTLDs] names is the right model. There is not enough cash flow to sustain a business otherwise. We at Uniregistry are just big enough but I expect that some registries will soon be people operating out of their bedrooms. Many of the new names just don’t work."--Frank Schilling (June, 2015)(emphasis added)

Caveat Emptor!

See also on Domain Mondo




DISCLAIMER

2015-09-15

ICANN CCWG-Accountability Co-Chair Comments on the Public Comments


Mathieu Weill is co-chair of ICANN's Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability). In the tweet embedded above he is referring to the public comments submitted in response to the CCWG's 2nd Draft Report (Work Stream 1), for which the comment period ended September 12. All of the comments submitted may be reviewed here.

Mathieu's reference to Domain Mondo above is in reference to the comment submitted by John Poole, editor of Domain Mondo, which may be read in full here (pdf), excerpts below:

To CCWG-Accountability:
".... Your proposal, though well-intentioned, is unacceptable and fundamentally flawed. You have failed to follow your own Charter, and in your “rush to meet a deadline” you have failed to achieve the charter’s stated goal: a proposal which enhances ICANN’s accountability towards all stakeholders—i.e., the global multi-stakeholder community. Instead, you have focused solely on a power-game of “who’s on top”--the ICANN Board of Directors or the few well-resourced, special interests, who dominate and control the so-called “ICANN stakeholder community” which is not representative of, nor even accountable to the global Internet community a/k/a global multi-stakeholder community. Your proposal does not “enhance ICANN’s accountability towards all stakeholders.” It does subject the ICANN Board of Directors to greater direct manipulation, control, and capture by the “special interests” which NTIA’s stewardship and the Affirmation of Commitments had prevented, to some degree. Your proposal, as it stands, is therefore not in the public interest, nor is it in the best interests of the global multi-stakeholder community. In fact, your proposal is a step backwards and will hasten the demise of ICANN within just a few years, at the insistence of a global multi-stakeholder community, fed up with the avarice of those self-serving “ICANN community stakeholders” or “special interests” who disrespect the values and ideals of Jon Postel and his peers as expressed in RFC 1591: “The designated manager [of a TLD] is the trustee of the top-level domain for … the global Internet community."  Whatever happened to the fiduciary standard of duties owed by gTLD (and ccTLD) registry operators to the global Internet community? .... Unless you are willing to backtrack and spend the necessary time—at a minimum, six months or more—to reconsider, redraft and correct your fundamentally flawed proposal, you should sit down in LA later this month and honestly try to work out something with the [ICANN] Board--setting aside your collective egos, your obvious “sunk cost bias” in favor of the CCWG proposal, and the “group think” clearly evident on your CCWG mail list. I suggest you listen closely to Mathieu Weill. I have been a close observer of your work since the beginning and I trust his judgment and leadership. I have reviewed the ICANN submittal of September 11, 2015, and while it is far from perfect, as best I understand it, a dialogue with the Board may help lead to a path forward. Frankly, the best thing that happened this year, in terms of improving or “enhancing” ICANN accountability, was the dotSUCKS fiasco, because now all of ICANN—stakeholders, directors, officers, staff, contracted parties, and service providers—are now on the radar of the US Federal Trade Commission, and probably the U.S. Justice Department as well. I agree with INTA [International Trademark Association], U.S. jurisdiction should be a fundamental bylaw. The potential for corruption, particularly within the ICANN Global Domains Division, is too great to allow ICANN to try to escape or evade prosecution by relocating to a “friendlier” jurisdiction. The global multi-stakeholder community really doesn’t need more FIFA-like scandals .... ICANN may need Board reform—that should have been priority #1. Almost every failing of ICANN can ultimately be attributed to a Board of Directors that was not activist, failed to question, failed to challenge stakeholders, management, staff or GAC advice, failed to be vigilant, pro-active. Therefore, review and improve processes for selecting members of the ICANN Board of Directors, which will lead to independent, activist, vigilant ICANN directors, reflective of the diversity of the global multi-stakeholder community, who will question, investigate, and push back (when necessary or appropriate) against policies advanced by self-interested ICANN stakeholders which are to the detriment of the global public interest or the global multi-stakeholder community; directors who will question and hold accountable ICANN officers, ICANN staff, GAC advice, and all ICANN stakeholders, including policy-making proposals, inquiring as to whether ICANN policies and principles have been followed ...." (emphasis added in sentence referring to Mathieu Weill)




DISCLAIMER

2015-07-24

Enhancing ICANN Accountability, Public Comments Start July 31

Below is the Paris Communiqué issued by ICANN's CCWG-Accountability following its recent face to face meeting in Paris. As stated below, the public comment period on the CCWG's 2nd draft proposal is expected to be open from July 31-September 8, 2015. All issues open for public comment can be accessed on the ICANN website.

Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) Paris Communiqué (July 20, 2015):

Members and participants of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) met in Paris, France, from 17-18 July 2015. The event served as an opportunity to further advance the discussion on key outstanding issues and to reach agreement on next steps towards finalizing its Work Stream 1 recommendations.

This gathering comes on the heels of ICANN53 in Buenos Aires, as well as a series of prior discussions and feedback in response to the public comment period of the group's draft report.

The meeting had strong community participation, with 76 group members and participants attending in person and an additional 30 joining remotely. Further, several members of the ICANN Board of Directors, Governmental Advisory Committee (GAC) representatives, external Advisors and local stakeholders were also present (list of all participants).

Key issues
discussed and agreed-upon next steps are outlined below:

Community Empowerment Models
Following close examination and a series of dialogues and exchanges on the merits and drawbacks of the three (3) community empowerment models presented, the group agreed to advance the Community Mechanism as Sole Member Model (CMSM) as part of Work Stream 1, noting the momentum that emerged among the members of the CCWG-Accountability in support of this model.

Under this framework, the Supporting Organizations (SOs) and Advisory Committees (ACs) would collectively participate together as the sole member of ICANN. This coordination of SOs and ACs would be empowered to take certain special actions within ICANN. Further, an exchange of views will occur with the community before decisions are made. Additional details will become available over the next few weeks as the community continues to develop the framework for this model. The 'Empowered SO/AC Designator' and 'Empowered SO/AC Membership' models were also discussed and considered. Brief descriptions of each of these models can be found here [PDF, 564 KB].

Review of Government Inputs/Concerns Received
31 GAC members submitted individual contributions to the CCWG-Accountability ahead of the Paris meeting. The contributions addressed a series of questions aimed at further clarifying the positions ofGAC members with regard to their vision of the role of governments in a post-transition environment.

While in Paris, discussions focused on identifying requirements such as the role of governments with regards to public policy and assuring that the ICANN Board of Directors does not act outside of ICANN's mission. The group also acknowledged the challenges for governments to make certain decisions regarding their participation into the new community model in time for ICANN54 in Dublin.

Dependencies between the CWG-Stewardship and CCWG-Accountability
CWG-Stewardship co-Chair, Lise Fuhr, articulated the conditionalities and dependencies between the naming community proposal and the work of the CCWG-Accountability. These dependencies fall under 6 areas:
  1. ICANN Budget: Community rights regarding development and consideration
  2. ICANN Board: Community rights, specifically to appoint/remove members, recall the entire Board
  3. IANA Function Review: Incorporated into the bylaws
  4. Customer Standing Committee: Incorporated into the bylaws
  5. Appeals Mechanism: Independent Review Panel should be made applicable to IANA Functions and accessible by TLD managers
  6. Fundamental bylaws: All foregoing mechanisms are to be provided for in the bylaws as "Fundamental bylaws"
The group agreed to continue coordinating their activities with the CWG-Stewardship in an effort to ensure that the recommendations put forth by the CCWG-Accountability fully meet the requirements [PDF, 1.4 MB] (p. 20-21) of the naming community.

Refinements of Independent Review Process (IRP)
The group reached broad agreement on elements of the enhanced IRP, including diversity as a guideline for conformation and community-driven panel selection processes. Additionally, a subgroup will be formed to further develop IRP rules and procedures as well as fine tune the subject matter for IRP.

Next Steps
Over the coming days, the group faces the challenge of addressing all outstanding issues and compiling a complete 2nd Draft Proposal for a 40-day public comment from 31 July until 23:59 UTC on 8 September 2015. It is important to note that this public comment period will directly parallel the public comment on the Interim Final Transition Proposal being assembled by the IANA Stewardship Transition Coordination Group (ICG).

The first public comment included over 60 submissions that the CCWG-Accountability is carefully considering. Comments were helpful in preparing for the Paris meeting and are being considered in developing the 2nd Draft Proposal. Responses to these comments will be published along with references to the 2nd Draft Proposal to acknowledge substantive changes where applicable.

The CCWG-Accountability aims to have a Work Stream 1 proposal finalized and distributed to its chartering organizations prior to ICANN54 in Dublin. [ICANN 54 - October, 2015]. Based on the current work plan, the group confirms its plans aiming at delivering the Work Stream 1 proposal to the U.S. National Telecommunications Information Administration (NTIA), by late October or early November.

More information: ICANN CCWG-Accountability website
(source: ICANN)


2015-05-11

Enhancing ICANN Accountability Report, CCWG Webinars May 11th

Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) will hold two identical Webinar Presentations on its Draft Report for Public Comment* on Monday, May 11th, at two different times:

11:00 – 12:30 UTC (time zone converter here) 7am-8:30am EDT (US)

19:00 – 20:30 UTC (time zone converter here) 3pm-4:30pm EDT (US)

Attend the webinars via this Adobe Connect room. The webinar will be conducted in English and will be recorded and transcribed and translated in the 5 UN languages and posted on the CCWG-Accountability Wiki here.

If you would like to receive phone dial-in details, send an email to brenda.brewer@icann.org and indicate which time you would like to attend the webinar. Language service Conference ID numbers are listed below:
Français – Conference ID: 75929475
Español – Conference ID: 68385764
中文 – Conference ID: 825702
Pусский – Conference ID: 345720
العربية – Conference ID: 82855066
Português – Conference ID: 759752

*CCWG-Accountability Draft Report Comment Period now Open (Input Needed on its Proposed Accountability Enhancements (Work Stream 1) - Comment Period Closes June 3, 2015 23:59 UTC.

The Cross Community Working Group on Enhancing ICANN Accountability was established to initiate a related process to the IANA Stewardship Transition process to ensure that ICANN's accountability and transparency commitments to the global Internet community are maintained and enhanced in the absence of its historical contractual relationship with the U.S. Government. This report for public comment represents the current work product of the CCWG-Accountability. It is focused on draft Work Stream 1 recommendations (Work Stream 1 is the CCWG-Accountability's work on changes to ICANN's accountability arrangements which must be in place, or committed to, prior to theIANA Stewardship transition), which were the focus of the first five months of work (from December 2014 until May 2015). These recommendations are not presented as the consensus of the CCWG-Accountability at this point. The CCWG-Accountability is seeking confirmation of its approach and guidance upon several options.

For further information about the CCWG-Accountability's work: https://community.icann.org/x/ogDxAg.

For further information about the related IANA Stewardship Transition process: https://www.icann.org/stewardship-accountability.

(source: ICANN)


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