[Gnso-newgtld-dg] Fwd: RE: [] Comments to the Executive Summary and gTLD Matrix

Volker Greimann vgreimann at key-systems.net
Thu Apr 9 14:11:06 UTC 2015 

Instead of capping the number of applications any entity can make, it 
might be helpful to ensure a system to resolve contention sets in a 
different manner than in the current round. A continuation of the 
current auction model might lead to gaming as well, where parties with 
no interest in running a TLD could feel encouraged to take a chance at 
the post-private-auction payout.

In any case, a cap on applications by any one entity is easily 
circumventable by creating holding companies for each application.

Volker

Am 07.04.2015 um 11:26 schrieb Michele Neylon - Blacknight:
>
> Michael
>
> Would the same issue arise if each entity was limited to one 
> application each?
>
> Though I tend to agree with your idea of “weighting” as being more 
> useful and less likely to be either “gamed” or simply circumvented
>
> Regards
>
> Michele
>
> --
>
> Mr Michele Neylon
>
> Blacknight Solutions
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> *From:*gnso-newgtld-dg-bounces at icann.org 
> [mailto:gnso-newgtld-dg-bounces at icann.org] *On Behalf Of *Michael D. 
> Palage
> *Sent:* Thursday, April 2, 2015 5:42 PM
> *To:* 'Tijani BEN JEMAA'; avri at acm.org; gnso-newgtld-dg at icann.org
> *Subject:* Re: [Gnso-newgtld-dg] Fwd: RE: [] Comments to the Executive 
> Summary and gTLD Matrix
>
> Hello All,
>
> Not to sound like a lawyer, but here goes. Attempting to restrict the 
> number of applications an applicant can file is fraught with 
> significant anti-trust considerations and is really a non-starter. Or 
> more simply stated there is no way Joe Simms would sign-off on this 
> limitation, especially if ICANN achieves its independent from the USG 
> in the near future.
>
> I think the more constructive (and viable) approach is to focus on the 
> weighing of community applications and potential alternate resolution 
> option in connection with contention sets.  This is where I think 
> ICANN really missed the mark in connection with this round with a 
> number of community / community like applications being held hostage 
> or eliminated by deep pocket portfolio applicants.
>
> This imbalance in ICANN’s most current round is something that I 
> foreshadowed over 4 years ago, see 
> http://www.circleid.com/posts/new_gtld_auctions_and_potential_unintended_consequences/ 
>  I would appreciate if anyone things a part of the solution to our 
> problems, can be found in my article from over 4 years ago.
>
> Best regards,
>
> Michael
>
> *From:*gnso-newgtld-dg-bounces at icann.org 
> <mailto:gnso-newgtld-dg-bounces at icann.org> 
> [mailto:gnso-newgtld-dg-bounces at icann.org] *On Behalf Of *Tijani BEN JEMAA
> *Sent:* Wednesday, April 1, 2015 2:06 PM
> *To:* avri at acm.org <mailto:avri at acm.org>; gnso-newgtld-dg at icann.org 
> <mailto:gnso-newgtld-dg at icann.org>
> *Subject:* Re: [Gnso-newgtld-dg] Fwd: RE: [] Comments to the Executive 
> Summary and gTLD Matrix
>
> Avri,
>
> GENERAL THOUGHT ON GTLD NEW ROUND
>
> 1. Put a ceiling to the applications submitted by a single group 
> (group and not company, because we have seen Afilias and M & M using 
> subsidiaries or other signposts...
>
> This because the slate applications create war machines where the 
> economy of scale makes irrelevant if not convenient to use all degrees 
> of possibles claims just to filibustering competitors;
>
> Agree
>
> 2. Create for community based applications‎some simple rules as was 
> made for geo names. The clarity and simplicity of the rules for geo 
> names, discourage the vultures (not all of them) to apply for geo 
> names when the appropriate legal entities applied. The unclarity of 
> the rules for the other non-geo communities pushed many gTLD to defy 
> community based similar strings. In most of the case they were right 
> in doing so.
>
> For instance for sector where exist associations recognized at 
> regional level (such as .bank, insurance, lawyers, etc.) this give a 
> legitimacy as a community, even if such associations don't exist in 
> all continents.
>
> For "political" and "civil liberties" associations the criteria of 
> geographic coverage need to be lifted and adapted to existing 
> situation. Asking. Gay to be supported in countries where still 
> homosexuality is a crime is an evident nonsense.
>
> While I agree with you, I find it not enough for 2 reasons:
>
> ·For poor community, we don’t have only to protect their right of 
> having their own string, but we need to find the right way to support 
> them in their application, exactly like we must do for applications 
> from developing economies (think of the Tamil community who want to 
> have their string to promote their language and their culture)
>
> ·Community based applications were not assessed against clear and 
> objective criteria. The mechanism by which the assessment was made 
> should be reviewed. Sure, there should be guaranties that the process 
> will not be gamed, but there must be guaranties that the assessment 
> will be done in a fair and objective manner.
>
> 3. Clear criteria to create positive discrimination for developing 
> countries and poorer regions of the world ‎.
>
> Any application that is expression or get support from LDC and 
> underdeveloped regions need to receive an incentive and a priority. If 
> this will not happen, even the next round will be characterized by a 
> predominance of the western applicants. Of course the support have to 
> be expressed by real and existing bodies, not from mirror entities of 
> multinationals or local offices of Western companies….
>
> There was proposals for dedicating the upcoming round for developing 
> economies and poor communities. I think it was a fair proposal because 
> the competition between those applicants and the northern one can’t be 
> fair because they don’t have the same tools. It is a kind of positive 
> discrimination
>
> If not a dedicated round, I would propose specific conditions and 
> rules for developing economies and poor communities, for example:
>
> ·Since the program development cost was recovered, I think that this 
> kind of application should be free of charge (remember that we was 
> told when we were fighting for lowering the application fee for the 
> first round: “they have to wait for the upcoming round when we will 
> recover the program developing cost”).
>
> ·An accompanying support program should be developed to help these 
> applicants at all levels (we need to work on it deeply)
>
> 4. Clear rules against filibustering
>
> Norms need to be issued to prevent the abuse of dominant position. 
> Those that make opposition without solid ground and multiple 
> opposition to any competitor and that loose the claims need to be 
> penalized. For instance imposing a growing deposits of sums in case of 
> multiple oppositions that will be lost in case of defeat.
>
> At the moment to go into RfR, CEP, IRP cost a fortune only to those 
> that don’t have a permanent staff of lawyers under contract. For these 
> latter, at a marginal cost, they could blackmail everybody oppose them.
>
> Agree
>
> 5. Protections for the weaker subjects in case of dispute
>
> Because of the disparity of forces, it is absolutely unfair to have 
> disputes opposing self-funded voluntary based organization (such as 
> .gay) to DOT.companies. ICANN needs to set aside a fund or a group of 
> experts to assists the weaker subjects when they have to oppose this 
> kind of adversary. A sort of asymmetric treatment need be established: 
> lesser fees, no deposit, and other measure to ensure equality of 
> chances also to the poorer and farer from Californians beaches…
>
> Agree
>
> 6. Clear rules to preserve democracy within ICANN
>
> Having accepted that 3 companies specialized in DOT.economy could 
> apply for hundreds of TLDs risk to have a longlasting effects on the 
> democratic process within ICANN. How to prevent that the Big  3 or 5 
> take over the whole gNSO constituency (achieving a practical 
> possibility of veto of any decisions of ICANN they dislike or that 
> could hamper their interests ?
>
> Absolutely
>
> SPECIFIC CONSIDERATION ON CPE
>
> ‎A. The attribution of the points is very much questionable and too 
> much left to the discretion of the evaluators;
>
> B. The selection of the body in charge of the CPE needs to be made 
> taking in account the specificity of the scope. Ask the EIU to judge 
> about community is like asking a carnivore to judge about the best 
> vegetarian dish.
>
> If the scope is to evaluate ‎communities, then ICANN has to ask to 
> association on NGOS or of Charity funds or to UN bodies in charge of 
> humanitarian issues, because they can understand the representativity 
> of the applicants, its relations with the territorial entities, and so on;
>
> C. the minimum score of 14 points out of sixteen is a total nonsense. 
> There is no reason to have such a high score to be recognized as a 
> community. The natural suspect is that the bar has been put so high to 
> boycott the community applicants and to keep them out of the door.
>
> D. The decisions about the future TLD’s round concerning communities 
> need to be established in partnership with the community TLDs. Their 
> interest cannot be represented by RySG that is mainly populated by 
> people that pursue a totally different scope: to make money out of it
>
> E. The impossibility to contact the evaluator has left grey areas 
> where mistakes could happen. We had no possibility to verify who 
> (among the supporting organizations) has been called and who was not. 
> There was no way to communicate changes of names (the responsible 
> people change within democratically elected bodies) of the person to 
> contact within the supporting organizations. ICANN has to create a 
> special task force that could act as go between the future EIU and the 
> applicants
>
> F. Has to be made clear if the evaluator has to verify EACH letter of 
> support (as it seems from the guidelines) or if it can go only 
> checking some samplers…
>
> I agree on all your points about the specific consideration on CPE
>
> --------------------------------------------------------------------------------
>
> *Tijani BEN JEMAA*
>
> Executive Director
>
> Mediterranean Federation of Internet Associations (*FMAI*)
>
> Phone:  + 216 41 649 605
>
> Mobile: + 216 98 330 114
>
> Fax:       + 216 70 853 376
>
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