Showing posts with label Steve Crocker. Show all posts
Showing posts with label Steve Crocker. Show all posts

2017-07-16

News Review: ICANN Chairman and ICANN Accountability & Transparency

News Review | ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2017-07-16):
Features •  1) Holding ICANN Accountable: IRS Form 990 and ICANN Accountability & Transparency--Disclosure of compensation paid to ICANN Chairman Steve Crocker and/or his personal corporation Shinkuro, Inc.  2)Other ICANN news, 3) ICYMI: Fragmented ‘Splinternet’, 4) Investing: Q2 2017 Earnings Webcasts, Rightside $NAME Class Action, 5) Most Read Posts.

1) Holding ICANN Accountable: IRS Form 990 and ICANN Accountability & Transparency--Disclosure of compensation paid to ICANN Chairman Steve Crocker and/or his personal corporation Shinkuro, Inc.

ICANN filed its Form 990 (pdf, 5.54 MB) for the fiscal year ending 30 June 2016 (FY16) with the Internal Revenue Service (IRS) on 12 May 2017:
excerpts from ICANN's FY16 IRS Form 990
Above: excerpts from ICANN's FY16 IRS Form 990
Excerpt from Domain Mondo's post of May 21, 2017 (highlighting added):

My email to ICANN (pdf) on May 28, 2017, and the initial response from ICANN is here (pdf). The substantive response from ICANN (pdf), dated July 13, 2017, received this past week is embedded in full below following this excerpt:
"The ICANN Chairman’s Corporation, Shinkuro, Inc. was paid a total of $114,203.24 in the fiscal year 2016. The total amount comprised of $75,000.00 for compensation and $39,203.24 for office rent ... ICANN will be publishing a revision to the FY16 Annual Report of Expense Reimbursement and Other Payments to or on behalf of ICANN Board members, with the objective to clarify all the amounts that have been paid to Shinkuro, Inc., and/or Steve Crocker in relation to Steve Crocker’s role as Chair of the Board (or as Board member, prior to his appointment as Chair)."--Xavier Calvez, ICANN CFO, letter to John Poole, Editor of Domain Mondo, July 13, 2017, embed below (highlighting added). 


While I will leave to others, including the IRS, to judge ICANN's interpretation of relevant tax provisions, including ICANN's treatment and classification of funds paid to individuals and their "personal corporations," unfortunately, Mr. Calvez did not address the following questions (highlighted below) in my email of May 28, 2017 (pdf), which will require a follow-up email this coming week to Mr. Calvez (w/ copy to the ICANN Ombudsman):

2) Other ICANN news
a. Reader's comment (received via email) to last week's News Review: ICANN's Extortionate .BRAND Scam Failing:
".brand raised $123M for ICANN to pay for the lucrative salaries and conferences."  (Editor's note: $185,000 application fee x 664 .BRAND TLD applications= $122.84M.) 
For a glimpse of the future 'global DNS nightmare' ICANN is foolishly creating for itself and the global internet community (via a new gTLDs program and policies driven by greed, incompetence, cronyism, and conflicts of interest), read Could the next new gTLD round last 25 years? Or 70 years? | DomainIncite.com"Will the next new gTLD round see 25,000 applications? If so, how long will it take for them all to go live?"

Perhaps the answer is to build a new internet (and new internet root zone) coordinated by an entity other than ICANN which is proving itself too inept or corrupt to fulfill its purported mission.

b. Post-ICANN59 Policy Report | ICANN.org (pdf)

c. ICANN Data Protection and Privacy Issues | ICANN.org: a current listing of ongoing projects at the ICANN organization related to data protection and privacy matters including (a) GNSO Policy Development Processes and Implementation, (b) WHOIS Conflicts Procedure, and (c) European Union General Data Protection Regulation.


3) ICYMI Internet Domain News
  • The World May Be Headed for a Fragmented ‘Splinternet’ | WIRED.com"... The trend of courts applying country-specific social media laws worldwide could radically change what is allowed to be on the internet, setting a troubling precedent. What happens to the global internet when countries with different cultures have sharply diverging definitions of what is acceptable online speech? What happens when one country's idea of acceptable speech clashes with another's idea of hate speech? ..."
  • Venezuela: Citizens know the 'news' "isn’t matching the reality they are living."--CSMonitor.com

4) Investing
•  Notable Q2 2017 earnings webcast dates already announced:
  • T-Mobile $TMUS July 19 4:30pm EDT 
  • Qualcomm $QCOM July 19 4:45pm EDT
  • Alphabet $GOOG $GOOGL July 24 5pm EDT
  • Facebook $FB July 26 5pm EDT
  • Twitter NYSE: $TWTR July 27 7am EDT
  • Verisign $VRSN July 27 4:30pm EDT 
  • Amazon $AMZN July 27 5:30pm EDT
  • Apple $AAPL Aug 1 5pm EDT
  • GoDaddy $GDDY Aug 8 5pm EDT
•  Rightside $NAME & Donuts: A class action lawsuit has been filed  in United States District Court for the Western District of Washington against Rightside Group, Ltd. (NASDAQ: NAME) for alleged breaches of fiduciary duty in connection with the proposed sale of the company to Donuts Inc.--Bronstein, Gewirtz & Grossman Class Action | bgandg.com: "The complaint alleges that on June 13, 2017, Rightside’s Board of Directors (the “Board” or “Individual Defendants”) caused Rightside to enter into an agreement and plan of merger (the “Merger Agreement”). Under the terms of the Merger Agreement, Donuts commenced a tender offer, set to expire on July 26, 2017, and stockholders of Rightside will receive $10.60 per share in cash. On June 27, 2017, defendants filed a Solicitation/Recommendation Statement with the United States Securities and Exchange Commission regarding the Proposed Transaction. The Complaint alleges the Solicitation Statement omits material information about the Proposed Transaction."

5) Most read posts (# of pageviews Sun-Sat) this past week on DomainMondo.com: 
1. News Review: ICANN's Extortionate .BRAND Scam Failing
2. Evolution of Starbucks $SBUX & Coffee (video)
3. a16z VC Marc Andreessen On Tech Valuations and More (podcast)

-- John Poole, Editor, Domain Mondo 

feedback & comments via twitter @DomainMondo


DISCLAIMER

2017-06-04

Holding ICANN Accountable, A Personal Sojourn Into ICANN Dysfunction

News Review | ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2017-06-04). This week features the DomainMondo.com Editor's personal sojourn in ICANN accountability. Next week the regular format of Domain Mondo's News Review will return.

Holding ICANN Accountable (facts, analysis, and opinion):
If there is one thing ICANN resists and hates more than advice from governments (ANY government) and even more than transparency, it must be accountability. I believe this flaw is so ingrained in ICANN's corporate culture that nothing short of "firing everybody and starting over" will ever cure ICANN of this organizational defect and trait. I remember the resistance and attempts of ICANN management and ICANN corporate to stop, control, and subvert the initial demands (spring-summer, 2014) of the "ICANN community" to add an "accountability component" to the IANA transition, something that neither the Obama administration (NTIA) nor ICANN corporate had anticipated at the time of the NTIA's IANA transition announcement in Washington, D.C., on March 14, 2014.

In the dysfunctional rush to complete the IANA transition (a jointly-sponsored project of the U.S. government and ICANN, a California corporation), and thereby avoid the "Snowden fallout" of a "foreign takeover" of the internet by a non-U.S. agency or corporation, the IANA transition's "accountability component" was severed in two--Work Stream 1 (WS1) and Work Stream 2 (WS2)--which is why we now have a tired, semi-dysfunctional WS2 working a year behind schedule, trying to grapple with fundamental, threshold questions like jurisdiction which should have been decided in WS1 before spending $32 million dollars (including $15 million in external legal fees) to "customize" ICANN in accordance with California and U.S. laws.

Which brings me to my recent personal sojourn into "ICANN accountability." I should have known better from my prior experience which you can read about here, but in anticipation of the important comment periods closing in May, 2017, on 1).NET Registry Renewal, 2) Improving SO/AC Accountability, 3) New gTLDs Subsequent Procedures PDP, and 4) Competition, Consumer Trust and Consumer Choice Review for New gTLDs, I rolled up my questions  and submitted them to ICANN's President & CEO, ICANN Chairman (& Board), and the Global Domains Division (GDD) President, in advance (April 26) of the ICANN FY17 Q3 Quarterly Stakeholder call on April 27. 2017.

On April 27, upon logging onto the Adobe Connect for the Stakeholder call, I inquired as to whether my questions for the call had been received, at which time I was advised by ICANN Staff member Mia Crampton (via Adobe private chat) "We'd like to get back to you offline so we can be as thorough as possible to your many questions."  

On May 11, not having received a response to any of my questions, I sent an email to ICANN staff Mia Crampton, Karla Hakansson (GDD staff who I had also been in contact with), and engagement @icann.org, inquiring about the status of any response to my questions, and concluding, "The comment periods close this month on the CCT RT draft report (May 19), SO/AC accountability (May 26), and .NET registry agreement (May 30). It would be useful to have the ICANN answers to my questions well before the aforesaid closing dates. Is that asking too much? Please advise."

On May 16, still having received no response, I sent an email to the ICANN Ombudsman and Complaints @icann.org:
After promising on April 27, 2017, to answer my questions (see below), ICANN has now gone "silent" and will not even give me the courtesy of a reply to my email of May 11 below. Why is ICANN so afraid of accountability and transparency, and afraid to answer my questions? Do I need to file formal complaints against Goran Marby, Akram Atallah, Steve Crocker and the entire ICANN Board of Directors? Can any of you do anything to get ICANN and its referenced officers and directors to answer my questions? The courtesy of a reply would be appreciated.
On May 17, I heard from the ICANN Ombudsman:
I would like to acknowledge reception of your complaint and advise that I have made inquiries with ICANN. I see you have also included ICANN Complaints Department in your email. I will be discussing your complaint with the complaints officer to ensure there is no duplication in your request. I will be back in touch very shortly.
and from Complaints @icann.org:
I would also like to acknowledge receipt of your message and confirm that Herb and I are both inquiring within ICANN. We will coordinate with each other and be back in touch soon.
and then again from the Ombudsman:
I have validated confirmation from ICANN there is a team working on replies to your questions and they expect to be able to respond fully sometime next week. Should you not receive a reply by the end of next week please contact me and I will further inquire into the delay.
On May 26, 2017 (Friday of Memorial Day weekend here in the U.S.), I received ICANN's responses (both signed by Cyrus Namazi, VP Domain Name Services & Industry Engagement, Global Domains Division), to my questions (pp. 1-4), in two separate emails:
1) via Ms. Hakansson of ICANN's GDD, answers re: .NET (p. 4 of my questions);
2) via engagement @icann.org re: answers to my other questions (pp. 1-3 of my questions)

Before receiving ICANN's answers on May 26, due to ICANN's comments close deadlines, I had already submitted my comments re:
Early on May 30, I submitted my comment on the .NET Registry Renewal (pdf), only to receive an email hours later from ICANN that:
"Posting of your message titled "Comment re: Proposed Renewal of .NET Registry Agreement" has been rejected by the list moderator.  The moderator gave the following reason for rejecting your request: "Non-members are not allowed to post messages to this list." Any questions or comments should be directed to the list administrator at ..." (emphasis added)
I have heard critics say ICANN is run like a "private members-only club" but this was the first time I had encountered ICANN rejecting a comment submitted on a public comment issue, because "non-members are not allowed."

However, nothing surprises me anymore about the depth of ICANN dysfunction, and therefore I responded to the "list administrator" (attaching a copy of the "rejection email" above):
"How do I become a "member" in order to post a comment since I already have SOI on file and have been a participant in an ICANN CCWG and am on several ICANN mailing lists as an observer?"
I also sent an email to the ICANN Ombudsman and Complaints @icann.org (with a copy of the above):
"Public comment rejected by ICANN? I need this addressed ASAP! Public comments close today."
Long story short (you can read more here), my comment had been rejected by GDD staff Ms. Hakansson (purportedly as "spam"), and after I re-submitted the comment (exactly the same way I originally submitted it), it was published.

On May 28, 2017, I sent the following to Controller @icann.org with cc to ICANN Ombudsman:
"Re: ICANN FY16 Form 990 Announcement | ICANN.org: "The Form 990 contains information and disclosures as required by the IRS on financial statements, funding sources, compensation practices, and much more. It is a useful source of information, which we invite the ICANN community to review and offer comments or questions as desired (controller @icann.org). ICANN filed its Form 990 [PDF, 5.54 MB] for the fiscal year ending 30 June 2016 with the Internal Revenue Service on 12 May 2017 in compliance with the extended due date of 15 May 2017."
"I am a gTLD domain name registrant and therefore am an "ICANN stakeholder" as well as being editor of DomainMondo.com. I have reviewed your recently filed ICANN Form 990 (FY16), in this post: News Review: A Red Flag in ICANN Financial Disclosures? | NR 2017-05-21
"I request your answers, explanations, and provide the information requested therein, as well as ICANN's rationale(s) for not disclosing all remuneration, income, and other compensation paid to ICANN Board Chairman Steve Crocker directly, or indirectly via his corporation Shinkuro, Inc., or via any other entity, device, or scheme, for the period of the FORM990 (FY16) and for the period he has been an ICANN Board member (2008 to present).

"For your assistance I have highlighted the questions raised in the post below. I also ask whether any ICANN officer or director is or has been doing business with ICANN via their personal "corporation" or other entity, device, or scheme, for the period of the Form 990 (FY16) and for the period from 2008 to present similar to Mr. Crocker, or otherwise, and again the explanations and rationales for "hiding" and not disclosing that information to the IRS and the global multistakeholder community, in accordance with your obligations under the Internal Revenue Code, laws of the United States of America and State of California, and ICANN bylaws and articles of incorporation.
"Further, in view of past experience with ICANN directors, officers, and staff failing to provide timely, responsive answers, evading accountability, and otherwise being non-transparent, your failure to reply within 10 days hereof will be deemed a refusal to answer."

On June 1, I received the following response Xavier Calvez, ICANN CFO, to the foregoing:
"Dear Sir,
As the signatory of the ICANN Form 990, I have been provided with your question on this document. I hereby acknowledge receipt of your email and question, and thank you for your time and effort in reviewing this document and inquiring about it. Your question and its upcoming response further enhance the transparency on this document. I will submit your email and question for publication on the “Correspondence” page of our website. Our response will also be published on this page, and you will be notified of such publication as soon as it will have occurred. Thank you."

On June 2, 2017, I sent the following to ICANN staff Mia Crampton and engagement @ICANN.org, cc to ICANN Ombudsman and Complaints @ICANN.org:
"I have reviewed the document signed by Cyrus Namazi and sent May 26, 2017 in response to the first three pages of my questions submitted on April 26, 2017, in advance of the ICANN Quarterly Stakeholder Call on April 27, 2017, and directed to the ICANN President & CEO, ICANN Chairman (& Board), and GDD President. While Mr. Namazi failed to address many of my questions, I am nevertheless most interested (and persistent) in having ICANN's response to the question below which is on p.3 of my questions which Mr. Namazi failed to address, and I have again set out below:
"In December, 2008, the U.S. Department of Justice Antitrust Division told ICANN:
“ICANN is obligated to manage gTLDs in the interests of registrants and to protect the public interest in competition. ICANN appears to have assumed that the introduction of new gTLDs necessarily will enhance competition and promote choice and innovation, without offering any evidence to support that assumption .... The Division makes two specific recommendations. First, ICANN’s general approach to new gTLDs should be revised to give greater consideration to consumer [registrant] interests. ICANN should more carefully weigh potential consumer harms against potential consumer benefits before adding new gTLDs and renewing new gTLD registry agreements. Second, the RFP process and proposed registry agreement should include provisions that would enable ICANN to constrain new registry operators from exercising market power. In particular, ICANN should establish competitive mechanisms for authorizing new gTLDs and renewals of gTLD registry agreements whereby prospective gTLD operators would compete for gTLDs by proposing registry terms – including maximum fee schedules – that would provide consumer [registrant] benefits.”—U.S. Department of Justice, Antitrust Division, December 3, 2008 (pdf) (read the entire letter!) via a U.S. Department of Commerce (NTIA) letter (pdf) in December, 2008.
"Why did ICANN reject (and to this day continues to reject) the wise, experienced, expert advice of the U.S. Department of Justice Antitrust Division, which is among the world’s foremost authorities on “consumer choice and competition” issues?
I note that the correspondence I referenced above appears in ICANN's records at https://www.icann.org/en/system/files/files/baker-to-dengate-thrush-18dec08-en.pdf. I have searched and have not found any response from ICANN to the December 2008 correspondence from NTIA and DOJ referenced above. I find a response in April 2009 from ICANN Sr. V.P. Kurt Pritz to NTIA but that letter specifically states it is responding to correspondence from NTIA of August 1, 2008, NOT the correspondence I referenced above. I know Mr. Namazi was not employed by ICANN until 2013, but my questions were not directed to him. They were specifically directed to the ICANN President & CEO Goran Marby, ICANN Chairman Steve Crocker (& Board), and Global Domains Division President Akram Atallah. Mr. Atallah worked alongside Kurt Pritz, both before and after Mr. Pritz resigned due to an undisclosed "conflict of interest" in late 2012. In addition, the current ICANN Chairman has been on the ICANN Board from late 2008 to present. Since the the new gTLDs program is currently being reviewed and initial planning is underway for the "next round(s)," it would be helpful to understand whether ICANN, its community, its management and staff, and its Board of Directors, ever responded, discussed, or otherwise seriously considered the specific recommendations from the U.S. Department of Justice Antitrust Division dealing with new gTLDs, "consumer choice and competition," and consumer (registrants) protection, as set forth specifically in DOJ's letter of December 3, 2008, and if not, why not? If there are documentary records specifically applicable in answering this, it would be helpful if you could provide direct links to those documents since the ICANN website is a "mess" and has many broken links.
"Note that I deferred having an answer given to these questions during the stakeholder call on April 27, 2017, in response to Mia Crampton's request at that time in Adobe private chat: "We'd like to get back to you offline so we can be as thorough as possible to your many questions."
"I look forward to your response."
No response from anyone at ICANN as of the time of this post. Stay tuned.

-- John Poole, Editor, Domain Mondo 

Most popular post (# of pageviews Sun-Sat) this past week on DomainMondo.com: 

feedback & comments via twitter @DomainMondo


DISCLAIMER

2017-05-21

News Review: A Red Flag in ICANN Financial Disclosures? | NR 2017-05-21

News Review | ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2017-04-30):

Features •  1) A Red Flag in ICANN Financial Disclosures? 2) Other ICANN news--New gTLDs a Legal Racket or Consumer Scam? 3) Names, Domains & Trademarks: .AFRICA, 4) ICYMI: Trump's NTIA Administrator, 5) Q1 2017 Earnings Season, 6) Most Popular.

1)  A Red Flag in ICANN Financial Disclosures?
ICANN filed its Form 990 [PDF, 5.54 MB] for its FY16 fiscal year (ending 30 June 2016), with the Internal Revenue Service on 12 May 2017 in compliance with the extended due date of 15 May 2017. Form 990 is ICANN's annual disclosure (a year after) of who's been a "domain hog"-- the highest paid contractors and employees at ICANN as well as directors' compensation -- no real surprises except one potential "red flag." How much was paid by ICANN to the ICANN Chairman's corporation Shinkuro, Inc.? That amount appears to be completely missing and unreported. For example, unless you read the entire Form 990 closely (reproduced below), one would think ICANN Chairman Steve Crocker was not taking any compensation or remuneration as a Director:
Not reportableIs Shinkuro Inc., also a contractor for ICANN? How much has Shinkuro been paid each fiscal year since Crocker joined the ICANN Board in 2008?
"No part of the net earnings of the Corporation shall inure to the benefit of or be distributable to its directors, trustees, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof."--ICANN Articles of Incorporation 2. IV. d.
Is this setting a bad precedent for a corporation (ICANN) that claims to be transparent and accountable? What if every ICANN director decided to have their ICANN compensation paid to their personal corporation--would that also become unreportable? Is Shinkuro only being paid $75,000 (ICANN Chair's authorized compensation), something less, something more?  ICANN needs to disclose.

2) Other ICANN news
a. New gTLDs a Legal Racket or Consumer Scam? (see page 6 of my comment below)--CCT-RT: Comments closed Friday on Competition, Consumer Trust and Consumer Choice Review Team Draft Report of Recommendations for New gTLDs. I submitted a comment which you can read here (pdf) or embed below. All the other comments may be be read here. I tried to give honest feedback, incorporating quotes and links from many sources, even many of the recent prolific tweets by @DomainKing:


b.  Oops! -- 16 May 2017 Letter from Christine Willett to Shaul Jolles [Published 17 May 2017] excerpt:

c.  Clarifying the Roles of the ICANN Complaints Office and Ombudsman | ICANN.org"we have noticed some confusion about the difference between the scope of the Complaints Office and the Office of the Ombudsman"--

d.  ICANN Registration System Email Validation | ICANN.org"As part of an ongoing process to improve the security of our web applications, the ICANN Registration website will now require that all potential meeting participants verify their email address to complete the registration process ..."

e. CCWG-Accountability-WS2 Request to Chartering Organizations for an Extension of Its Work for All of FY18: ccwg-acct-ws2-chartering-org-fy18-extension-request-18may17-en.pdf (pdf) 18 May 2017.

3) Names, Domains & Trademarks
  • Why .AFRICA will succeed where others [new gTLDs] have failed | Inventa.com: "It is increasingly becoming clear that many of the newTLD’s launched since 2013 are not viable as a business. While there are some notable exceptions such as .xyz, most have struggled to report positive numbers and are currently operating at a loss. A staggering 70% of all these domains don’t have any content whatsoever, which helps to explain why renewal rates for these domains also seem to be lower than the industry average. However, I am confident that .africa will succeed ..." (emphasis added)

4) ICYMI Internet Domain News Quick Takes 
  • NTIA Administrator: President Trump will nominate David Redl to be the next administrator of the National Telecommunications and Information Administration (NTIA) ... He currently serves as the chief counsel at the U.S. House of Representatives Committee on Energy and Commerce and is the principal legal adviser to Chairman Greg Walden (R-Ore.) and Republicans on the committee regarding communications and technology matters.--TheHill.com
  • WHOIS and Free Speech, Privacy & Anonymity: "Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind." Talley v. California, 362 U.S. 60, 64 (1960) ... an author generally is free to decide whether or not to disclose her true identity. The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible ... the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry ..."--Comment #2 | circleid.com  
  • Democrats are falling for fake news about Russia | Vox.com: "... a fake news bubble for liberals, something I’ve dubbed the Russiasphere. The mirror image of Breitbart and InfoWars on the right, it focuses nearly exclusively on real and imagined connections between Trump and Russia. The tone is breathless: full of unnamed intelligence sources, certainty that Trump will soon be imprisoned, and fever dream factual assertions that no reputable media outlet has managed to confirm ..."

5) Q1 2017 Earnings Season
•  The Q1 2017 Earnings Season concluded this week on DomainMondo.com with Alibaba Group $BABA FY17 Results LIVE Webcast May 18.

•  GoDaddy Inc.  (NYSE: GDDY) To Present At The 45th Annual JP Morgan Technology Media And Telecom Conference: Scott Wagner, Chief Operating Officer, and Ray Winborne, Chief Financial Officer, will present at the 45 [th] Annual J.P Morgan Technology, Media and Telecom Conference in Boston on Tuesday, May 23, 2017 at 3:00 p.m. EDT. A live audio webcast of the event will be available on GoDaddy's investor relations website at https://investors.godaddy.net. Following the presentation an audio replay will be available on the investor relations website.

•  Rightside Group, Ltd. (NASDAQ: NAME), announced that the Company's CEO, Taryn Naidu, and CFO, Tracy Knox, are scheduled to present at the 18th Annual B. Riley Co. Investor Conference at the Loews Santa Monica Beach Hotel, Santa Monica, CA on Wednesday, May 24, 2017 at 2:30 p.m. PDT. Rightside management will also be conducting one-on-one institutional investor meetings at the conference. The presentation will be available through a live audio webcast accessible from the Investors section of Rightside's website at investors.rightside.co. An archived replay of the webcast will also be available for 90 days following the live presentation.

6) Most popular post (# of pageviews Sun-Sat) this past week on DomainMondo.com: ICANN New gTLDs' Domain Name Registrations Implode | NR 2017-05-14.

-- John Poole, Editor, Domain Mondo 

feedback & comments via twitter @DomainMondo


DISCLAIMER

2016-08-19

ICANN Quarterly Stakeholder Call, Q4 FY2016, Presentation Slides

ICANN held its FY16 Q4 (ending June 30, 2016), Quarterly Stakeholder Call, on August 18, 2016. There were no surprises in the reports presented, which covered the IANA stewardship transition, global engagement activities, policy updates, and financial reports:
  • President & CEO Overview- Göran Marby, President & CEO (10 min)
  • Board Update - Steve Crocker, Chair, ICANN Board of Directors (5 min)
  • Policy Update - Bart Boswinkel for David Olive, Sr. VP Policy Development Support; Adiel Akplogan, VP Technical Engagement (10 min)
  • Management Update - David Conrad, Chief Technology Officer (15 min)
  • Financial Update - Xavier Calvez, Chief Financial Officer (10 min)
The recording of the call, the presentation (embed below), and transcripts, are (or will be) posted on the ICANN website.

Highlights from the presentation slides:

ICANN Q4 FY2016 Stakeholder Call Presentation (pdf)(slides), 18 August 2016 (embed below):


feedback & comments via twitter @DomainMondo


DISCLAIMER

2016-05-08

News Review: ICANN, IANA, AFRICA, WSIS, XYZ, Chinese Speculators

DomainMondoShiningLight ©2013domainmondo.com All Rights Reserved
Domain Mondo's review of the past week and look ahead [pdf here]:

• At ICANN not much happened this week as all the head honchos were partying in Geneva, Switzerland, at WSIS Forum 2016 (see further below). Comments close this week on two issues:
 In the IANA stewardship transition, there have been no new developments reported by ICANN or its "Community." The new ICANN bylaws posted for comment are the subject of considerable discussion on the various email lists of various stakeholder groups, CCWG-Accountability, CWG-Stewardship (Names), and ICG (IANA Stewardship Transition Coordination Group). One very important constituent body, the Internet Architecture Board (IAB), has already filed its formal comment to the proposed bylaws:
".... It is the IAB's firm belief that given the time remaining to successfully conclude the transition process in 2016, the only option is for the implementation process to remain faithful to the ICG and CCWG-Accountability proposals. We reiterate our recommendation that sections 1.1(d)(ii)(B)-(E) be deleted from the final Bylaws, and that section 1.1(d)(ii)(F) be amended such that it applies only to renewals of agreements described in section 1.1(d)(ii)(A)."
From early indications, other constituent groups within ICANN may be filing comments as well. Note that anyone may file a comment. Comments close 21 May 2016 23:59 UTC. See also: ICANN Posts Draft of New Bylaws For Public Comment Until May 21 | DomainMondo.com.

•  Speaking of bylaws, ICANN is presenting an "ICANN's Bylaws Amendment Process Webinar" on 9 May 2016 at 23:00 UTC for 60 minutes. Details here (pdf).

•  In DotConnectAfrica [DCA] Trust vs ICANN and ZACRICANN has withdrawn its Motion to Dismiss (pdf) "in view of the Court's order on DCA's Motion for Preliminary Injuction" (which DCA won), and Defendant ZACR has now filed its own Motion to Dismiss (pdf) set for hearing on May 31, 2016, at 9:00 am in the U.S. District Court at Los Angeles. See also: News Review: dotAFRICA, Public Interest, Judge Holds ICANN Accountable | DomainMondo.com.

• WSIS Forum 2016 concluded Friday in Geneva, Switzerland. To view the archived videos visit this link: https://www.itu.int/net4/wsis/forum/2016/Media/RP/Webcast/Archived/. If you ever try to remotely participate or observe any UN or UN agency "forum" like WSIS or other ITU events, you will likely find the official website is awkward to navigate and very difficult to find the sessions you are interested in viewing. WSIS Forum 2016 was no exception. Example: good luck trying to find the link above to the archived videos anywhere on the official WSIS website. The good news is that you missed nothing, nothing of substance happened at WSIS 2016. If still interested, you can find good summary reports of each session here: WSIS Forum 2016 | DigitalWatch.

•  Such a Deal! Namecheap.com is offering .XYZ domain names for only 44 cents through May 17, 2016. I once owned (as registrant) a .XYZ domain name. It was the only new gTLD domain name I have ever had in my portfolio. Network Solutions gave it to me for free (I didn't even ask for it, it was just added to my account). It was an exact match of a .COM domain name I then had at Network Solutions. I actually built a website on the .XYZ domain name as an 'experiment.' A year later (June, 2015), Network Solutions wanted almost $40 to renew the registration for 1 year. I called them up. At that point, everyone I talked to at Network Solutions had 'soured' on .XYZ, and wouldn't budge on the renewal fee. I actually would have renewed it had they been reasonable. I then contacted my two preferred reputable Domain Name Registars to see if I could transfer in the .XYZ domain name. One was neither offering .XYZ registrations nor accepting .XYZ transfers at that time. The other offered .XYZ registrations but was not accepting .XYZ transfers. I dropped the .XYZ domain name and have never looked back. My personal portfolio plan is to eventually eliminate everything but .COM domain names from the portfolio. Stick with the gold standard, it makes things so much easier.

Speaking of domain names, it's no secret that Chinese speculators, Chinese cybersquatters (trademark infringers), and Chinese cybercriminals, have registered over 50% of all new gTLD domain names to date (note: more intelligent and wealthier Chinese have invested heavily in .COM domain names). So what does the future hold for all those Chinese new gTLD domain name registrations? One new gTLD domain industry insider says:
"As the number of new domains added to the pool keeps growing faster than the number of real people looking to create a website, it is only a matter of time before reality catches up with the Chinese investors and the bubble bursts."--Francesco Cetraro, Head of Registry Operations for .CLOUD, writing in DomainNameWire.com May 6, 2016.
•  Missed noting this last week--Wall Street Journal readers are still upset with ICANN Chairman Steve Crocker's op-ed: WSJ Letters to the Editor: Why Change an Internet Regime That Works? - WSJ: "The only “risk” Mr. Crocker cites from “maintaining the status quo” is that other governments “may try to move control to organizations like the United Nations.” Don’t they already? ... Nowhere does Mr. Crocker explain how ceding U.S. stewardship 'will allow online innovation and productivity to continue to thrive'—nowhere!"

•  This week in tech: 
  • Unicorn bubble bursts? Venture capitalist, Bill Gurley, in a 5,500-word essay on his blog, AboveTheCrowd.com, writes:“All Unicorn participants—founders, company employees, venture investors and their limited partners (LPs)—are seeing their fortunes put at risk from the very nature of the Unicorn phenomenon itself ...” What went wrong? Gurley identifies the following: 1. Emotional biases2. “Dirty deals;” 3. Inscrutable financials; and last, but not least, 4. Too much money - “The reason we are all in this mess is because of the excessive amounts of capital that have poured into the VC-backed startup market. More money will not solve any of these problems—it will only contribute to them.”
  • Don't Cry for Marissa--Yahoo's Marissa Mayer gets $55M to leave | CNBC.com"The CEO of the embattled online news site, currently trying to sell itself, is entitled to severance benefits valued at $54.9 million in case she is terminated without cause"--not bad considering the stock lost a third of its value in 2015. See also Yahoo's $8 Billion Black Hole | Bloomberg.com: "Mayer’s struggles at Yahoo also underscore that in the Valley there are winners and smoking craters—but very few middle-of-the-road successes. Venture capitalists generally discourage their startups from becoming modestly profitable enterprises; they fund them until they blow up—one way or the other. The result of this system is a labor market that’s extremely fluid. As soon as a company’s growth slows, the best and brightest start looking for the exits."

•  Earnings Season ends this week on Domain Mondo's Earnings Calendar with Rightside $NAME reporting Tuesday, May 10, after market close. Thereafter, an upcoming post on Domain Mondo will include a scorecard on the Q1 2016 earnings season.

•  Five most popular posts this past week on DomainMondo.com (# of pageviews Sun-Sat):
 Other Reading Recommendations (some with a tease of content or my commentary):
  1. #Clueless in DC & NYC--The NYTimes.com mea culpa--The Republican Horse Race Is Over, and Journalism [Media, Establishment, Elitists from Wall Street to DC] Lost | NYTimes.com"Wrong, wrong, wrong — to the very end, we got it wrong [about Trump]." And to add insult to injury, "more recently — as in Tuesday — the data journalist Nate Silver, who founded the FiveThirtyEight.com website, gave Hillary Clinton90 percent chance of beating Bernie Sanders in Indiana. Mr. Sanders won by a comfortable margin of about five percentage points ... Every election cycle brings questionable news coverage ... But this season has been truly spectacular in its failings ..." Domain Mondo's advice? Get out of your bubble--it's nothing but an echo chamber--and start really listening. See also Why the media will lift Trump up and tear Clinton down | Vox.com. Also note that at the Sohn Conference this past week, Jeff Gundlach, 'King' of the bond market, said "Trump's going to win in November." Gundlach also said a Trump administration would likely include more government spending [fiscal stimulus], which is exactly what most economists and financiers say is needed to get us out of our current slow-growth economy.
  2. Is the Art Market a Leading Indicator? Bloomberg.com: "...“It’s a contraction in every sense,” said Todd Levin, director of Levin Art Group, who advises collectors. “There’s a wait and see approach. No one wants to catch a falling knife.”... Global art sales fell 7 percent last year to $63.8 billion, led by a slowdown in Asia ... The auction houses are competing for consignments amid falling oil prices, underperforming hedge funds and greater scrutiny of the art market. Governments in China, Europe and the U.S. are looking into the ways major art collections are used to hide ill-gotten wealth and avoid taxes. “The art market follows the 1 percent,” said James Chanos, an art collector and founder of Kynikos Associates LP. “Whether it’s the 1 percent in Brazil, Russia, China or America. Let’s face it: It hasn’t been a good year for the 1 percent.”..."
  3. Warranties and Representations on Purchasing Domain Names: What are they Worth? | CircleID.com: "There is no algorithm to check the USPTO database for corresponding trademarks. Is this the kind of adequate search called for by mVisible Technologies or does it fall short, and falling short is evidence of bad faith registration and bad faith use?"
  4. Go long INTC? Intel Made A Tactical Retreat On Smartphones | SeekingAlpha.com"Next-generation phones can work with laptop shells and standalone monitors. Intel's x86 processor IP is the only chip versatile enough to run any operating system ... ARM-based Android handsets that run Remix OS could become the next standard for productivity-focused phones ... SoFIA/Broxton were bad bets that needed to be folded. By doing so, Intel gets to use more money in defending its 90%-plus share in x86 server chips..." but also read Intel Starts To Face Reality | SeekingAlpha.com and Moore’s Law Running Out of Room, Tech Looks for a Successor | NYTimes.com.
  5. Google Winning the Old Fashioned Way: Inside Google's push to shape the rules of the driverless road | reuters.com: "Google has built a leading position - thanks not just to its tech expertise, but also its persistent lobbying."
  6. If Current Chatter About iPhone 7 Is True, Apple Shareholders Could Be In For A Lot More Pain | Forbes.com See also Apple’s Losing Streak Is Nearing Historic Levels - Bloomberg.com: "So far in 2016, Apple Inc. is the dog of the Dow." and Apple's Software Culture Is Hurting Its Future | SeekingAlpha.com"Apple should make larger, more daring acquisitions here, e.g. Slack. Ideally, they should be device-independent, i.e., web-based services that can be used both from Apple devices, integrating into the ecosystem, as well as from non-device owners ..." and Why Apple Won't Give Us Real Numbers | SeekingAlpha.com"Apple Pay introduced friction to a consumer who didn't have any problems paying for things in a store ..." More reason to worry if you are an $AAPL fan--see How Android gets to 100% market share | TechCrunch.com.
  7. China Freedom of the Press 2016 | freedomhouse.org See also Online censorship: A new flank in the US-China trade wars? | lowyinterpreter.org and WhatsApp, Used by 100 Million Brazilians, Was Shut Down Nationwide [Brazil] Today by a Single Judge | TheIntercept.com
  8. Less is MoreInvestors Join Buffett Slamming Hedge Fund Fees ... | Bloombeg.com: "Chris Ailman, chief investment officer for the $187 billion California State Teachers’ Retirement System, told Bloomberg Television that the two-and-twenty fee model is "broken" and “off the table” ...“Reducing your fees is your best return on capital ... So we focus very much on costs in every single asset class" ... Warren Buffett said that investors would be better off backing U.S. businesses through low-cost funds and ditching expensive money managers. Consultants steer investors to these managers who together have underperformed what you could get “sitting on your rear end” in index funds, he said on Saturday at the Berkshire Hathaway Inc. annual meeting." See also Hedge Fund Managers Lose Their Swagger | Bloomberg.com and Fund Fees Predict Future Success or Failure | Morningstar.com.
  9. ICANN vs. the Federal Reserve | CircleID.com"What's really going on here, is the powers that be are about to grant a perpetual franchise of control over who is who, and what is what, on the Internet. It's similar to the transfer of authority over the money supply by the U.S. Congress to the Federal Reserve. Except in ICANN's case, once the transfer is done, there will be no way to undo it." 
  10. Amen Brother!: “We’re saying what we actually think, not what we think people want to hear”--blogs.cfainstitute.org quoting Josh Brown, TheReformedBroker.com, a financial blog.
Have a great week!

-- John Poole, Editor, Domain Mondo




DISCLAIMER

2016-04-24

News Review: ICANN Bylaws, Comments, ICANN Chairman's Op-ed Flops

DomainMondoShiningLight ©2013domainmondo.com All Rights Reserved
Domain Mondo's review of the past week and look ahead [pdf of this post here]:

The implentation phase of the IANA Stewardship Transition Plan (including WS1 of Enhancing ICANN Accountability) is proceeding in accord with the tentative timeline:

IANA Stewardship Transition Tentative Timeline
IANA Stewardship Transition Tentative Timeline
ICANN's new proposed bylaws in connection with the IANA transition and ICANN accountability proposal, have been posted for public comment through May 21, 2016. Read more at: ICANN Posts Draft of New Bylaws For Public Comment Until May 21 | DomainMondo.com.

•  On April 19, the Wall Street Journal published an op-ed by ICANN Board Chairman Steve Crocker, warning of terrible consequences if the U.S. government (NTIA) does not end its oversight of the IANA functions:
Broadening the Oversight of a Free and Open Internet - WSJ: "... If the U.S. does not transition its stewardship role to the global Internet community, then other governments may try to move control to organizations like the United Nations. There is also a risk that some governments may form their own national or regional networks. This disruptive splintering would damage the economy and weaken personal Internet use ..." (emphasis added)
Crocker, like others involved in the IANA transition process from the beginning, including NTIA's Larry Strickling on March 14, 2014, is being disingenuous by using the phrase "global internet community" when he really means ICANN, the California corporation. The IANA stewardship transition is only about transitioning, or privatizing, the U.S. government's stewardship role from the U.S. to ICANN, not the global Internet community. The global Internet community is hardly the same as ICANN or even ICANN's "community," a fact acknowledged by ICANN and the "ICANN community" in setting up the ground rules for participation in the CCWG-Accountability (Cross Community Working Group to Enhance ICANN Accountability):
Members & Participants - Enhancing ICANN Accountability: "Anyone interested can volunteer to join the CCWG as a "participant," regardless of whether they are members of the ICANN community." (emphasis added)
Unlike the global Internet community, ICANN has largely been captured by domain name industry and other special interests. As far as Crocker's comment about "splintering" [or fragmentation] of the internet is concerned, that is already happening, due, in large part, to distrust of ICANN, its programs, policies, processes, structures, and leadership, by the global Internet community.

Crocker apparently forgot he was addressing readers of the Wall Street Journal, not a gathering of the UN's Internet Governance Forum or WSIS. His message would have been much better received had he simply been honest about the IANA transition, rather than using the false narrative of a transition to the "global Internet community." In fact, the Wall Street crowd would have probably warmly embraced the idea of a transition from 'U.S. government control' to 'control by ICANN,' a California corporation, which functions largely as a captured agency controlled by lobbyists and lawyers representing special interests, known as 'stakeholders' in the institutional jargon of ICANN, with the U.S. government retaining veto power over interference by foreign governments.

But Crocker followed the script he had been given, false narratives and institutional secrets are inculcated in ICANN's sick organizational culture. Besides being a misleading reference, the phrase "global Internet community" sounds to denizens of Wall Street like a rallying cry of the Trotskyite wing of #FeelTheBern. The Wall Street Journal readers' comments to Crocker's op-ed (more than 70 at last count), confirm this. While interesting and entertaining to read, particularly if one wants to know what that part of the global Internet community--the part that comprises the affluent demographic that subscribes to the Wall Street Journal--thinks about the IANA stewardship transition, there is a jarring brutal honesty in the comments for those accustomed to the rarefied air of the "ICANN bubble"--here are a few excerpts--
This is a typical political sales pitch; it tells us nothing about the features that supposedly will produce the claimed benefits, ignores legitimate concerns and glosses over all problem areas. Mr. Crocker missed his calling as a telemarketer ...
This is a totally misguided transformation. Mr. Crocker's last sentence to "assure that the Internet of tomorrow is as free, open and resilient as the Internet of today" should give us all pause about even contemplating the changes he and others propose. His proposal reminds me of a mentally ill patient, who, after using medication to restore his mental health, goes off his meds because "he is cured". As soon as the Commerce Department steps away, it will be open season on that openness and freedom by some of the darkest elements around the world, both corporate and governmental. The only reason the internet is free, open and resilient is that the US Government stands behind it. 
This article does not include a single supported assertion. Speaking on behalf of "the Internet community—along with businesses, civil society and other interest groups," I voice my dissent.
Mr. Crocker's column is a nice example of a buffoon using all the right words (diverse, accountable, community) to blow smoke up our 4th point of contact. When you want a technical activity managed properly, you don't care about diversity - that is for non-technical people looking to grab control of something. Then there are the questions Mr. Crocker doesn't answer: Example: accountable to whom? He never says specifically, just yada yada yada about an international community. Been there; done that. It's called the UN. Letting Russia, China or the UN anywhere near controlling anything about the internet guarantees only censorship. Even the Europe Union, with its silly "right to be forgotten" can't be trusted ... 
... I have to ask who elects people to the Board of ICANN? This guy [Crocker] is really an embarrassment, and should be removed forthwith ...
Not exactly the reaction and response Crocker was looking for, I'm sure. I'll leave the rest of the comments for your reading enjoyment. [Note: if you're like one member of the ICANN Board of Directors and don't know how to access WSJ articles without a subscription, just click the WSJ  story link on this Google search results page.]

• Draft ICANN FY17 Operating Plan & Budget and Five-Year Operating Plan Update: Open for Public Comments--Close Date 30 Apr 2016 23:59 UTC.

•  ICANN FY16 Q3 (Quarter ending 31 March 2016) Stakeholder Call - 27 April 1500 UTC:  Pre-register online here to join the Quarterly Stakeholder Call online. The call will take place 27 April at 1500 UTC time converter. Joining instructions will be sent to those who register in advance of the call. A recording will be made available after the call here: https://www.icann.org/resources/pages/quarterly-reports-2014-11-13-en.

• New gTLD? Use It OR Lose ItNew gTLD Program Delegation Deadlines - ICANN: "... To date, registry agreements are in place for more than 1,230 new generic top-level domains (gTLDs), and more than 950 of these new gTLDs have been delegated into the root zone ...  The New gTLD Registry Agreement defines a 12-month period after contract execution during which the registry operator must delegate its TLD. ICANN expects registry operators to honor this commitment, and most do. However, we've recently seen an uptick in registry operators who either haven't met their deadline or aren't on track to do so. There are about 200 TLDs with approaching delegation deadlines between now and the end of August 2016 ... If a registry operator does not meet its delegation deadline, ICANN has the option to terminate the registry agreement, as per Section 4.3(b) of the agreement ..."

DotConnectAfrica Trust vs ICANN and ZACR: ICANN's motion to dismiss scheduled for hearing April 25, in Los Angeles.

Earnings Season schedule this week on Domain Mondo's Earnings Calendar:
  • Twitter TWTR April 26
  • Apple AAPL April 26
  • Facebook FB April 27
  • Verisign VRSN April 28, 4:30 p.m. ET
  • Neustar NSR April 28
  • Amazon AMZN April 28 5pm ET

• This past week's five most popular posts on Domain Mondo (# of pageviews Sun-Sat):
Honorable mention: Jack Bogle, Founder of Vanguard Group, Creator of Index Funds, Interview | DomainMondo.com

New This Week: Other Reading Recommendations (with a little taste of the article or a little of my own commentary):

Have a great week!

-- John Poole, Editor, Domain Mondo




DISCLAIMER

Domain Mondo archive