[CCWG-ACCT] "Consumer Trust" in the Mission Statement
Avri Doria
avri at acm.org
Sat Jan 9 20:07:21 UTC 2016
Makes sense.
Great that you caught the omission.
avri
On 09-Jan-16 14:53, Alan Greenberg wrote:
> Before my substantive reply to this thread, I note that the text on
> the AoC Review on Promoting Competition, Consumer Trust, and Consumer
> Choice (CCTCC) seems to have been omitted from Annex 9 (between the
> SSR review starting at para 98 and the Whois review starting at para
> 112 (which should be in bold), jumping from Review 2 to Review 4).
> Since no one seems to have noticed, I have to wonder what else was
> lost in this revision?
>
> If the text for this review had been there, it would have said (taken
> from the 2nd draft proposal)
>
> "566 ICANN will ensure that as it expands the Top-Level Domain (TLD)
> space, it will adequately address issues of competition, consumer
> protection, security, stability and resiliency, malicious abuse
> issues, sovereignty concerns, and rights protection."
>
> and
>
> "569 This Review will examine the extent to which the expansion of
> gTLDs has promoted competition, consumer trust, and consumer choice,
> as well as effectiveness of:"
>
> Clearly this review is focused on the EXPANSION of the namespace.
> However, the vast percentage of names in use now and probably for the
> foreseeable future are not associated with the expansion. Omitting the
> issue from the core serves to disenfranchise the consumers who use
> those names (that is, the bulk of all Internet use).
>
> I agree with those who say that the term may be hard to define,
> quantify and measure. That is true with many things we value in life.
> But it does make them less important. Regardless, the term is used
> twice in the Whois Review section of the proposed Bylaws as well as in
> the missing CCTCC section. The lack of a definition does not preclude
> its use there and certainly we cannot omit the expression in a
> wholesale manner because of the lack of a definition or metrics.
>
> We have said that much of what we are doing in in this CCWG is not to
> control the current Board or management, but to ensure that as time
> goes forward, we can ensure that veer off course. This is exactly such
> a situation. The formal Mission of Contractual Compliance is "To
> preserve the security, stability and resiliency of the Domain Name
> System and to promote consumer trust."
> (https://www.icann.org/resources/pages/about-2014-10-10-en
> <https://www.icann.org/resources/pages/about-2014-10-10-en>). In the
> past, Compliance has been accused of only enforcing certain aspects of
> its contracts and specifically not the parts that would often impact
> consumers (such as Whois issues and issues related to improper domain
> name transfers or hijacking). Thankfully that is no longer the case,
> but we need to ensure that the "bad old times" do not return.
> Capturing the concept of consumer trust in ICANN's mission is exactly
> how we can do so. The Contractual Compliance mission statement can be
> changed at will with no notice or community consultation. Embedding
> the concept in ICANN's mission provides the protection that is needed.
>
> Alan
>
>
> At 09/01/2016 12:12 PM, Kavouss Arasteh wrote:
>> Steve, I tend to agree with Malcolm in saying that whenever, we do
>> not have a xclear definition nor a descrition for an item what is the
>> usefulness of its inclusion in BYLAWS ?
>> The difficulties that I have is , we may include many thing in the
>> Mission and/or Bylaws, but when ICANN wants / required to implement
>> that it would face difficulties to do so. Even if ICANN claims that
>> it has had implemented, it is difficult to check the validity of that
>> claim.
>> Regards
>> Kavouss
>>
>> 2016-01-09 14:16 GMT+01:00 David Post <david.g.post at gmail.com
>> <mailto:david.g.post at gmail.com> >:
>>
>> I do not think that the addition of this language is a good
>> idea. Lengthening the list of 'values' and 'commitments' that
>> ICANN is supposed to implement will inevitably weaken the Mission
>> Statement. The more the document suggests that it is ICANN's job
>> to balance a wide variety of different concerns - enhancing
>> competition and consumer choice, supporting geographic and
>> cultural diversity, promoting human rights and the global public
>> interest - the easier it becomes for ICANN to justify pretty much
>> anything it might do in the future as promoting one or another of
>> these broad goals. The point that Andrew Sullivan made recently
>> in connection with the discussions about the GPI is applicable
>> here, I think:
>>
>> "ICANN should pay attention to its well-understood and needed
>> functions. It should not go adventuring out into global
>> governance issues that
>> distract from that narrow set of responsibilities. And it should
>> not embrace language that distracts from the narrow
>> responsibilities --
>> lest such language become an attractive nuisance that encourages
>> people to think ICANN has power it never has had"
>>
>> David
>>
>>
>> At 04:10 PM 1/8/2016, Burr, Becky wrote:
>>
>>> As discussed in our call yesterday, we would like to get
>>> some discussion started on some of the issues with the
>>> Mission Statement, Commitments & Core Values elements of the
>>> CCWG Proposal. One of those issues relates to the inclusion
>>> of the concept of promoting âconsumer trustâ in the
>>> Commitments and/or Core Values. The USCIB comment, for
>>> example, urged inclusion of a Commitment/Core Value of
>>> âpromoting competition, consumer trust, and consumer
>>> choice in the DNS marketplace.â ALAC urged inclusion of
>>> the consumer trust language.
>>> This is the topic we will discuss on Monday, during the Ad
>>> Hoc meeting just announced. Feel free to contribute your
>>> views in this thread, particularly if you are not going to
>>> be able to participate on Monday.
>>> ISSUE: Paragraph 3 of the Affirmation of Commitments
>>> describes the goals of the AoC, saying:
>>>
>>> "This document affirms key commitments by DOC
>>> and ICANN, including commitments to:
(c) promote
>>> competition, consumer ttrust, and consumer choice in the
>>> DNS marketplace
.â
>>> Paragraph 9.3 of the AoC says:
>>>
If and when new gTLDs (whether in ASCII oor
>>> other language character sets) have been in operation
>>> for one year, ICANNwill organize a review that will
>>> examine the extent to which the introduction or
>>> expansion of gTLDs has promoted competition, consumer
>>> trust and consumer choice
. >ICANN will organize a
>>> further review of its execution of the above commitments
>>> two years after the first review, and then no less
>>> frequently than every four years.
>>>
>>> In the Initial Draft Proposal, this AoC language
>>> was transposed into the Core Values by requiring ICANN to
>>> depend âon market mechanisms to proote and sustain a
>>> healthy competitive environment in the DNS market that
>>> enhances consumer trust and choice.â (Para 107, page 27
>>> Initial Draft Proposal)
>>> In the 2nd Draft Proposal we elected to delete the
>>> reference to consumer trust in the Mission statement and
>>> include it in the Review section of the Bylaws (See 3rd
>>> Report, Appendix 9, Para. 33). The reason we agreed to make
>>> this switch was because it is not a standalone ICANN
>>> commitment in the AoC, rather, it is specifically tied to
>>> new gTLD expansion and specifically tied to a required review.
>>> Several commenters in both the 2nd and 3rd comment
>>> round argued that the Core Values should specifically call
>>> out consumer trust. Some have disputed my characterization
>>> of Paragraph 3 of the AoC (i.e., it states the goals of the
>>> AoC but does not recite a specific commitment), on the
>>> grounds that my characterization is an opinion and not a fact.
>>> QUESTIONS:
>>> Should an AoC provision specific to TLD expansion be
>>> leveraged to impose generalized, independent, and
>>> affirmative competition and consumer trust protection
>>> obligations on ICANN?
>>> Does ICANNâs fundamental Mission to ensure âstable and
>>> secure operationâ of the DNS, and its various Commitments
>>> (i.e., to use processes that enable competition,
>>> and to preserve stability, reliability, security, global
>>> interoperability, resilience, and openness) adequately
>>> address this concern?
>>>
>>>
>>> J. Beckwith Burr
>>> Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
>>> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
>>> Office: +1.202.533.2932 <tel:%2B1.202.533.2932> Mobile:
>>> +1.202.352.6367 <tel:%2B1.202.352.6367> / neustar.biz
>>> <http://www.neustar.biz>
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>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
>>
>> *******************************
>> David G Post - Senior Fellow, Open Technology Institute/New
>> America Foundation
>> blog (Volokh Conspiracy)
>> http://www.washingtonpost.com/people/david-post
>> <http://www.washingtonpost.com/people/david-post>
>> book (Jefferson's Moose) http://tinyurl.com/c327w2n
>> <http://tinyurl.com/c327w2n%A0%A0%A0%A0%A0%A0%A0>
>> music http://tinyurl.com/davidpostmusic
>> <http://tinyurl.com/davidpostmusic%A0>publications etc.
>> http://www.davidpost.com <??>
>> *******************************
>>
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