[Gnso-newgtld-dg] - Draft Final Deliverables

Sun May 31 03:08:34 UTC 2015

Steve and Fellow gnso-newgtld-dg List Members,

I've a comment on the 26 May 2015 - Clean report.

    *Informed Consent*

On August 21, 2014 I submitted to the discussion group a comment 
"Considering Informed Consent for City-TLD Applicants" - see here 
<https://community.icann.org/display/gnsosoi/Considering+Informed+Consent+for+City-TLD+Applicants>. 
It urged that a stronger standard than "non-objection" be sought for 
future city-TLD applicants. The suggestion was that we craft an 
"informed consent" standard for cities seeking a TLD, and that we draw 
upon other sectors such as medical and resource management in developing 
that standard.

In the 26 May report I don't find language adequately representing the 
suggestion. The only entry that might possibly relate is in Group 1 
under "Community engagement." This reader was unclear if the community 
referenced there was the ICANN or applying community (i.e., city).

As I've only had the opportunity to participate in perhaps half the 
meetings, I might have missed a pertinent discussion, or I might be 
overlooking a relevant entry in the otherwise excellent Report. If it's 
not already there I'd suggest including the following in Group 1:

    City TLDs: How can ICANN be assured that applications for city-TLDs
    have been developed with the informed consent of the city's
    residents, organizations, and other stakeholders?

It might also be appropriate to recommend that this standard be 
considered for applications for other geographic regions and gTLDs. 
However, I'm not sufficiently aware of those situations and speak here 
specifically on behalf of city-TLDs, about which I some relevant knowledge.

    *Discussion Group Comments *

My August Informed Consent post elicited one response of which I am 
aware. It noted on September 3, 2014:

    "The first city-TLD applications are on the market only a short time
    now, but so far I have heard no complaints from those entities that
    submitted a letter of non-objections."

Having been intimately involved with the .nyc TLD for many years, I can 
report on some aspects of the situation here in New York City.

On May 15, 2015 Mayor de Blasio issued a press release 
<http://www1.nyc.gov/office-of-the-mayor/news/314-15/mayor-de-blasio-nyc-fastest-growing-city-domain-six-months-after-launch> 
concerning .nyc that identified it as the "Fastest Growing City Domain." 
The release claimed "In only six short months, .nyc has become a 
thriving online community where small businesses, organizations and 
entrepreneurs across the five boroughs are prospering."

The mayor's statement was released during a period in which our 
organization was requesting information about the identity of those who 
have purchased .nyc names. We are seeking to identify some metrics for 
assessing the impact .nyc is having on our city. Our request for 
anonymized registrant data was refused. And last week we were forced to 
file a request for registrant information using the state's Freedom of 
Information Law (FOIL).

It's my belief that, had there been a requirement for informed consent, 
the city's stakeholders would have participated in developing the 
application for the .nyc TLD. And from that participation clear metrics 
for its success would have emerged, and the mayor could have spoken 
about the success of the TLD using them.

The September 3 comment noted that no complaints had been filed about 
.nyc's operation. With a near total lack of transparency on the TLD's 
operation, I've still not heard of a complaint. But the TLD's operation 
has become so opaque that I've no idea where such a complaint would be 
filed. And the city is certainly not sharing reports on any such 
filings. That might be the topic of our next FOIL request.

Sincerely,

Thomas Lowenhaupt

P.S. Until December 31, 2014 there was an advisory board which provided 
a modicum of access to the planning and development of the .nyc TLD. But 
the .NYC Community Advisory Board was disbanded with the arrival of the 
New Year and nothing has replaced it.

On 5/26/2015 9:00 PM, Steve Chan wrote:
> Dear DG Members,
>
> For those that were able to join today’s call, thank you for your 
> participation and feedback. I have incorporated the changes discussed 
> on the call, which includes adding specific draft text to the charter 
> related to the global public interest and compliance. I’ve also 
> integrated recent feedback received to the email list. The executive 
> summary, matrix, and charter have been combined in the single attached 
> document with all changes accepted, and I have added some elements to 
> make the draft more formal.
>
> Here is a link to the various iterations of the drafts on the Wiki: 
> https://community.icann.org/display/DGNGSR/DRAFT+Deliverables. You 
> will find this latest document at the very top of the page underneath 
> the heading DRAFT Full Deliverables. Please share with your respective 
> groups for their review and feedback if applicable and note, the 
> co-chairs hope to have all comments/suggestions received by*5 June 
> 2015 *at the latest.
>
>   * If after reviewing, you _cannot_ agree to the document as drafted
>     (or simply want to suggest a change), the co-chairs request that
>     you inform the group via the email list as soon as your are able.
>   * If you agree with the document, no action is required, although
>     you are free to and encouraged to note your agreement on the list.
>
> Please let me know if you have any questions.
>
> Best,
>
>
>
> *Steven Chan*
> Sr. Policy Manager
>
> *ICANN
> *12025 Waterfront Drive, Suite 300
>
> Los Angeles, CA 90094-2536
> steve.chan at icann.org
> <mailto:steve.chan at icann.org>
> direct: +1.310.301.3886
> mobile: +1.310.339.4410
>
> tel: +1.310.301.5800
>
> fax: +1.310.823.8649
>
>
>
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