[Gnso-newgtld-wg-wt5] Motion to include a notion of “Elimination of the 'non-geo use provision' for sizeable cities” in the report

Marita Moll mmoll at ca.inter.net
Wed Sep 5 12:47:33 UTC 2018


Sorry I had to miss the call. I do want to add my support to Alexander's 
suggestion on establishing a category for cities of  (x) size

Anybody willing to support my suggestion:

·Have cities with populations over X being treated like capital cities. 
(Elimination of the “non-geo” use provision)

·X to be debated by either us in WT5 or the ICANN community – or both.

·This provision could be included in the “non-capital cities” silo.

Marita


On 9/5/2018 4:00 AM, Alexander Schubert wrote:
>
> As we both are quite vocal on this topic I try to be short:
>
> ·First Come First Serve is the declared goal. Some want it already 
> smack after the next round. Once that happens: there won’t be 
> contention resolve mechanisms anymore – by definition!
>
> ·The requirement to authenticate registrants: Yes! I agree with you – 
> it’s a good thing! But in the realm of community priority applications 
> you are forced to define the community very narrow – and then ONLY 
> that narrowly defined group of entities  is eligible to  register 
> domains! Imagine a brand selling stuff in the city – but has no 
> presence there! They would not be eligible to register their 
> brand.city domain. Unless you define the community quite broad – and 
> my personal experience teaches me: DON’T!  It might cost you your CPE.
>
> ·The bad actor: They might not even see themselves as such. In the 
> 2012 round ALL the generic namespace was up for grabs, PLUS: most 
> players did not believe that city gTLDs would be profitable. This has 
> changed: The best generic terms are now taken. Citiy gTLDs have proved 
> to be profitable. Here the mechanics: VC money will be raised; and 
> once cash is raised - strings will be chosen. Generic keywords are 
> pretty much exhausted. City names make economic sense on several 
> levels. If your operation model would be identical to that of 
> “Donuts”: you won’t actively “market” your strings to anybody. You 
> just push them out into the registrar channel. Why on earth would you 
> care for “geo-use”? You do not! You just apply for the string, with NO 
> INTENT AT ALL. This saves you the acquisition of the support letter – 
> hence my formulation: “Non-geo use loophole”.
>
> Moving on ……
>
> Anybody willing to support my suggestion:
>
> ·Have cities with populations over X being treated like capital 
> cities. (Elimination of the “non-geo” use provision)
>
> ·X to be debated by either us in WT5 or the ICANN community – or both.
>
> ·This provision could be included in the “non-capital cities” silo.
>
> The current language in the 2012 AGB reads:
>
> */An application for a city name will be subject to the/*
>
> */geographic names requirements (i.e., will require/*
>
> */documentation of support or non-objection from/*
>
> */the relevant governments or public authorities) if:/*
>
> *//*
>
> */(a) It is clear from applicant statements within the/*
>
> */application that the _applicant will use the TLD_/*
>
> */_primarily for purposes_/**/associated with the city/*
>
> */name/*
>
> ///Only the next (or maximum next two) application phases will be 
> “rounds”. In absence of “rounds” there won’t be contention – and no 
> community priority mechanism anymore! .......... /
>
> ·/.........////In the past 6 years I learned literally EVERYTHING 
> about “how to shoot down a community applicant” – and you just won’t 
> believe to what ends people go to do it (I know, I was at the 
> receiving end)! “.osaka” was LUCKY – if they had a “real” contender (a 
> straight shooter) they would have NEVER EVER gotten 15 points (and 
> frankly I ask myself how that was even possible). CPE is a cruel thing 
> .............../
>
>
> /
> /
>
> *//*
>
> “X” needs obviously to be defined. Some would like to see it at 50k 
> people – others at over a Million. The lower the number – the less 
> likely we find consensus. But the definition of the threshold is 
> independent of the measure in itself. Let’s not get hung up on the 
> exact number – let’s see whether the general CONCEPT finds agreement: 
> that a sizeable city should be as well protected as a national 
> subdivision or capital city! Setting “X” to 1 Million would be a 
> balanced approach to at least protect those city communities that are 
> likely to potentially fall victim to applicants that simply have no 
> “intents” – and therefore don’t voice such intent in their application 
> – hence avoid the looping-in of the city Government!
> The formulation “clear from applicant statements within the 
> application that the applicant will use the TLD primarily for purposes 
> associated with the city name….” really is very weak and simply 
> INVITES to NOT have such “statements” in the application!
>
> Thoughts?
>
> Thanks,
>
> Alexander
>
>
>
>
> *From:*Greg Shatan [mailto:gregshatanipc at gmail.com]
> *Sent:* Wednesday, September 05, 2018 5:43 AM
> *To:* alexander at schubert.berlin
> *Cc:* Icann Gnso Newgtld Wg Wt5 <gnso-newgtld-wg-wt5 at icann.org>
> *Subject:* Re: [Gnso-newgtld-wg-wt5] Motion to include a notion of 
> “Elimination of the 'non-geo use provision' for sizeable cities” in 
> the report
>
> I think the Community Priority Evaluation survived the attempt at 
> "hole poking" pretty much unscathed:
>
>   * Unless you've been to the future, nobody has any idea if or when
>     the gTLD application process will move away from rounds.  If it
>     does, batching or some other process could still create contention
>     sets.  "First come, first served" may never come.
>   * It seems entirely appropriate for city-based gTLDs to authenticate
>     registrants, whether or not they are community-based
>     applications.  "Open season" on registrations blows a hole in the
>     concept of city-based gTLDs -- unless the only idea is to deliver
>     Internet real estate to one preferred applicant, who can then
>     exploit the gTLD however they please.
>   * If there are problems with the way Community Priority processes
>     worked, it's our job to fix them -- for geo's and (elsewhere in
>     the WG) non-geo's as well. I understand that avoiding it would be
>     preferable to some, and that it's easier to avoid if its warts are
>     left on, but I can't believe any disinterested participant would
>     support that approach.
>
> Finally, the mythical "bad actor" that is the impetus for this 
> suggestion seems to have no basis in reality.  Are there any examples 
> of this occurring in the prior round?  Of course, just about every 
> type of "bad actor" is remotely possible, but how likely is it?
>
> Moving on...
>
> While we don't really work by "motions," since we seem to be looking 
> for "notions" to include in the report, here are some that are at 
> least as viable as the one suggested by Alexander:
>
>   * extending the "non-geo use" provision to other existing geo categories
>   * replacing the "letter of consent/non-objection" with a "notice and
>     opportunity to object" in some or all cases. While this concept
>     needs further development, that is just more reason to put it in
>     the report (and to develop it further in the meantime).
>   * Eliminating the sub-national category (since it is full of
>     obscurities), or subjecting it to the "non-geo use" provision.
>   * Once a geo-use gTLD is registered, all other variations and
>     translations are unconditionally available for registration
>   * A "bright-line" rule that any geographic term that is not
>     explicitly and expressly protected is unprotected (i.e., no
>     objection or non-consent can be used to stop its registration). 
>     Arguably, this rule was in place in the prior round, but it didn't
>     seem to work out that way.  Hence, the need for a bright-line rule.
>   * A heightened awareness program for governments and others
>     regarding the gTLD program so that they will be more likely to
>     seek (or to back) a registration for the relevant geo-name.  This
>     could be accompanied by structured supports and advice to maximize
>     the opportunities for future geo-applicants.  (To be clear, I am
>     all in favor of geo-use applications, and we should be spending
>     more time facilitating them, and less time creating veto rights. 
>     More doors, and less walls!)
>
> There may be others, but that's a start.
>
> Best regards,
>
> Greg
>
> On Tue, Sep 4, 2018 at 6:23 PM Alexander Schubert 
> <alexander at schubert.berlin <mailto:alexander at schubert.berlin>> wrote:
>
>     Hi Emily,
>
>     TNX. Just: we still haven’t solved the “vulnerable, sizeable city”
>     problem. I am not much scared about brands – more about bad actors
>     “abusing” the “non-geo use” provision.  If I look at how we
>     protect country names, ISO 3166 3-letter codes, country
>     subdivisions (3166 Alpha-2) and capital cities: I think sizeable
>     cities (e.g. Shanghai – 24 million people, larger than 75% of all
>     countries in the world) deserve similar protections. It’s a few
>     hundred strings, none of them generic, and if maybe someone could
>     run the cities with more than 1 Million inhabitants against a few
>     important TM databases: I don’t think brands are really much
>     impacted either. Geo-name based gTLD warehousers will only go for
>     BIG cities. If we require these bad actors to loop in the city
>     government – they will walk away. I think we owe it to these city
>     communities to make sure they get to be able to use “their names”
>     in a way that they exercise some control over it – and not falling
>     victim to VC-money driven exploitation in a “wild west” land grab
>     style (and potential “G7-lead” global cyber colonialism).
>
>
>     Btw: Paul recently offered as “solution” to apply as “community
>     priority application” – so city applicants would win
>     “automatically”. Brilliant idea! I happen to have (co-)founded
>     both: a city and a community priority applicant. Even the city
>     applicant was already in 2005 planned (and set up – including the
>     support acquisition, etc) to be like what later would be called
>     “community applicant”. Let me poke a few holes in that otherwise
>     brilliant idea:
>
>     ·Only the next (or maximum next two) application phases will be
>     “rounds”. In absence of “rounds” there won’t be contention – and
>     no community priority mechanism anymore! So the “solution” is
>     short-lived!
>
>     ·It would force the applicant to commit (even if it later turns
>     out they were the ONLY applicant) to engage in registrant
>     authentication: a requirement for community priority applicants
>     that can’t be reversed later
>
>     ·In the past 6 years I learned literally EVERYTHING about “how to
>     shoot down a community applicant” – and you just won’t believe to
>     what ends people go to do it (I know, I was at the receiving end)!
>     “.osaka” was LUCKY – if they had a “real” contender (a straight
>     shooter) they would have NEVER EVER gotten 15 points (and frankly
>     I ask myself how that was even possible). CPE is a cruel thing –
>     prevailing with a “city-based” community would be sheer luck. And
>     once your city name is not unique: just forget it.
>
>     Long story short: Nope, “community priority application” is NOT
>     the answer to the problem. In my mind.
>
>     *So my suggestion (yes, again!):*
>
>     ·*Have cities with populations over X being treated like capital
>     cities. (Elimination of the “non-geo” use provision)*
>
>     ·*X to be debated by either us in WT5 or the ICANN community – or
>     both.*
>
>     I say at minimum a Million inhabitants in the Metro Area. Would be
>     nice if we could have this proposed solution in the report – so we
>     could see how people react. Would obviously require to explain the
>     underlying problem: the potential “abuse” of the “non-geo use”
>     provision (not by brands, but by evil-doers). Anybody here who
>     would like to second my motion to have this solution (“elimination
>     of the non-geo use provision for sizeable cities”) in the report?
>     How to do that? Create another silo right behind the “capital
>     city” silo? Or include it in the “non-capital city” silo; and just
>     say that the “non-geo use provision” is only available for cities
>     smaller “X”?
>
>     Thanks for hearing my out,
>
>     Alexander.berlin
>
>
>
>     *From:*Emily Barabas [mailto:emily.barabas at icann.org
>     <mailto:emily.barabas at icann.org>]
>     *Sent:* Tuesday, September 04, 2018 11:07 PM
>     *To:* alexander at schubert.berlin
>     <mailto:alexander at schubert.berlin>; gnso-newgtld-wg-wt5 at icann.org
>     <mailto:gnso-newgtld-wg-wt5 at icann.org>
>     *Subject:* Re: [Gnso-newgtld-wg-wt5] Proposed Agenda: Work Track 5
>     meeting - Wednesday 5 September at 5:00 UTC
>
>     Hi Alexander,
>
>     Thanks for your question. As discussed on the last call, based on
>     feedback from the WT, the leadership team has decided not to
>     conduct consensus calls prior to publishing the Initial Report.
>     This provides the group more time for discussion and does not
>     require the WT to feel “locked into” a position prior to public
>     comment. For more information on the details, you can review the
>     call recording here
>     <https://community.icann.org/display/NGSPP/2018-08-22+New+gTLD+Subsequent+Procedures+PDP+Work+Track+5>
>     and transcript here
>     <https://gnso.icann.org/sites/default/files/file/field-file-attach/transcript-rpm-review-22aug18-en.pdf>.
>
>
>     An updated work plan taking into account this change will be
>     discussed tomorrow under agenda item 3.
>
>     Kind regards,
>
>     Emily
>
>     *From: *Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org
>     <mailto:gnso-newgtld-wg-wt5-bounces at icann.org>> on behalf of
>     Alexander Schubert <alexander at schubert.berlin
>     <mailto:alexander at schubert.berlin>>
>     *Reply-To: *"alexander at schubert.berlin
>     <mailto:alexander at schubert.berlin>" <alexander at schubert.berlin
>     <mailto:alexander at schubert.berlin>>
>     *Date: *Tuesday, 4 September 2018 at 15:50
>     *To: *"gnso-newgtld-wg-wt5 at icann.org
>     <mailto:gnso-newgtld-wg-wt5 at icann.org>"
>     <gnso-newgtld-wg-wt5 at icann.org <mailto:gnso-newgtld-wg-wt5 at icann.org>>
>     *Subject: *Re: [Gnso-newgtld-wg-wt5] Proposed Agenda: Work Track 5
>     meeting - Wednesday 5 September at 5:00 UTC
>
>     Hi,
>
>     Question: The initially planned “consensus call” on non-capital
>     cities will be subject to the next call then? I am asking as it
>     was originally planned for Sep 5^th – but obviously no “consensus”
>     has been reached (not even close).
>
>     Thanks,
>
>     Alexander
>
>     *From:*Gnso-newgtld-wg-wt5
>     [mailto:gnso-newgtld-wg-wt5-bounces at icann.org
>     <mailto:gnso-newgtld-wg-wt5-bounces at icann.org>] *On Behalf Of
>     *Emily Barabas
>     *Sent:* Monday, September 03, 2018 10:20 PM
>     *To:* gnso-newgtld-wg-wt5 at icann.org
>     <mailto:gnso-newgtld-wg-wt5 at icann.org>
>     *Subject:* [Gnso-newgtld-wg-wt5] Proposed Agenda: Work Track 5
>     meeting - Wednesday 5 September at 5:00 UTC
>
>     Dear Work Track 5 members,
>
>     Please find below the proposed agenda for the Work Track 5 call
>     scheduled for Wednesday 5 September at 5:00 UTC for 90 minutes.
>
>     1. Welcome/Agenda Review/SOI updates (5 mins)
>
>     2. Non-AGB Terms (65 mins)
>
>     3. Work Plan and Initial Report (15 mins)
>
>     4. AOB (5 mins)
>
>     If you need a dial out or would like an apology to be noted for
>     this call, please send an email as far in advance as possible to
>     gnso-secs at icann.org <mailto:gnso-secs at icann.org>.
>
>     Kind regards,
>
>     Emily
>
>     *Emily Barabas *| Policy Manager
>
>     *ICANN*| Internet Corporation for Assigned Names and Numbers
>
>     Email: emily.barabas at icann.org <mailto:emily.barabas at icann.org> |
>     Phone: +31 (0)6 84507976
>
>     _______________________________________________
>     Gnso-newgtld-wg-wt5 mailing list
>     Gnso-newgtld-wg-wt5 at icann.org <mailto:Gnso-newgtld-wg-wt5 at icann.org>
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>
>
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