[CCWG-ACCT] "Consumer Trust" in the Mission Statement

Carlos Raul carlosraulg at gmail.com
Fri Jan 8 21:39:40 UTC 2016

Dear Becky,

thank you for starting this thread. I took the liberty to copy the newly
created CCT review tema list.

I think you have framed the question right: does it requiere this level of

Personally have my problems with the "Consumer Trust" part. While more
choice and fair competition are terms I can readily convert in economic
terms, and there is a longstanding analytical framework for calculating
consumer welfare ( in which more choice may or may NOT be based on more or
less competition), Consumer Trust is not traditionally considered in the
same framework. Some may add that what economist like to call Consumer
Welfare is not even a tangible benefit to Consumers anyhow.

So the point I want to convey is that in any case, if we are talking at the
highest level of principles, may the CCWG ACCt consider at least separating
for the purposes of Monday´s discussion "Consumer Trust" on the one hand,
from the more easily *measurable* Competition and Consumer Choice in
economic terms.

After separating those to issues, I would suggest that if *expansion* of
the DNS is going to be a permanent objective, then care should be spent in
guaranteeing that it results in more choice and fair competition. Not sure
if it qualifies as a highest level principle for ICANN though, because as
long as we are in the US private sector, those objectives are guaranteed by
Antitrust and Consumer Protection law.

No clue or opinion about how to handle Consumer Trust at a principle level,
since the actual trend is for the DNS to become a Wholesale market, far
away from consumer that make addressing requests based on search engines
and mobile apps. This difference is already obvious from the separation of
the Nilsen studies between the *wholesale* (Registrant
https://www.icann.org/news/announcement-2015-09-25-en) and the *retail*
(consumer https://www.icann.org/news/announcement-2015-05-29-en) parts of
the markets.

Wish you all a nice weekend and I will try to connect on Monday.

*Carlos Raúl Gutiérrez*
+506 8837 7176
Skype carlos.raulg
Apartado 1571-1000

On Fri, Jan 8, 2016 at 3:10 PM, Burr, Becky <Becky.Burr at neustar.biz> 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 “consumer
> trust” in the Commitments and/or Core Values.  The USCIB comment, for
> example, urged inclusion of a Commitment/Core Value of “promoting
> competition, consumer trust, and consumer choice in the DNS marketplace.”
>  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 trust, and
> consumer choice in the DNS marketplace….” *
> Paragraph 9.3 of the AoC says:
>           … If and when new gTLDs (whether in ASCII or other language
> character sets) have been in operation for one year, ICANN will 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 “on market mechanisms to
> proote and sustain a healthy competitive environment in the DNS market that
> enhances consumer trust and choice.” (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.
> 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 ICANN’s fundamental Mission to ensure “stable and secure operation”
> 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  *Mobile:* +1.202.352.6367 */* *neustar.biz*
> <http://www.neustar.biz>
> _______________________________________________
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