[CPWG] Fwd: [NCUC-DISCUSS] ICANN Receives Letter from California Attorney General Regarding .ORG Change of Control

Mon Feb 3 12:19:52 UTC 2020

Hey Greg,

"... no invitation needed." Thank you for stating the obvious. Your
response shows that my attempt to convey a sense of humour failed. I guess
my failure just adds to Olivier's original failed attempt at humour when he
shared the picture of protestors.

Unfortunately, I don't view the Cal AG's entrance into the game as merely
interesting. I view it as a failure of iSOC to respect the trusted
stewardship of .ORG. It also shows a lack of trust in ICANN's
multistakeholder model to do the right thing based on principles. Finally,
this issue has exposed a potential flaw in how At-Large conducts an open
and bottom-up consensus building process.

Lots of work to be done here, I guess.

Cheers!
David

p.s. Hopefully my comments are pithy enough for this list. Unfortunately, I
wasn't given much time on the CPWG weekly call to have a meaningful
conversation about the important issues in front of At-Large. I remain
committed to sharing my thoughts in a respectful way with the hope that
positive change on multiple fronts might come out of this discussion.

On Mon, Feb 3, 2020 at 12:46 AM Greg Shatan <greg at isoc-ny.org> wrote:

> David,
>
> FYI, the California Attorney General was already at the table, no
> invitation needed.  By law, the Cal AG has formal oversight authority over
> all non-profit corporations domiciled in California, including ICANN.  That
> said, I can't recall the last time (if ever) that the Cal AG exercised that
> authority with ICANN.  So this is an interesting turn of events....
>
> Greg
>
> On Sun, Feb 2, 2020 at 12:23 PM David Mackey <mackey361 at gmail.com> wrote:
>
>> Thanks for sharing the information Marita.
>>
>> You know, it's a little funny. I don't remember seeing the California's
>> Attorney General in the picture that Olivier shared with us a few days ago.
>>
>> It's possible that important issues on Internet Governance are so
>> disconnected from the average end user that they have no clue what happens
>> between Internet leadership organizations like ICANN and iSOC.
>>
>> This disconnection of knowledge might allow for funny behaviour motivated
>> by financial gain for some insiders which adds no value to end users, but
>> increases risk to a stable Internet by introducing financial leverage which
>> didn't exist before an unnecessary financial transaction.
>>
>> Since iSOC has chosen a process which takes advantage of the disconnect
>> with the public (end users), it would be nice to see ICANN make a
>> principled decision based on an open multistakeholder process. The failure
>> of an open and effective multistakeholder process invites other people to
>> the table, like California's Attorney General for instance.
>>
>> Within ICANN, we also have our At-Large community. Having received the
>> great training at ATLAS III about how the multistakeholder process is
>> supposed to work, I wonder if the reality of the At-Large consensus
>> building process is also severely disconnected from the ideal process that
>> was taught at ICANN66. Unfortunately, the .ORG transfer seems to be
>> pressing the fault lines of a public test of consensus withinin At-Large.
>> This is a different problem from the .ORG transfer issue itself.
>>
>> Just a thought or two. :-)
>>
>> Cheers!
>> David
>>
>> On Fri, Jan 31, 2020 at 4:53 PM Marita Moll <mmoll at ca.inter.net> wrote:
>>
>>> Attached for your information, letter to ICANN from the California AG.
>>> ICANN has is now seeking a deadline extention from PIR  in order to reply
>>> to the 35 questions posed by the State of California re the proposed sale.
>>> Marita
>>>
>>> -------- Forwarded Message --------
>>> Subject: [NCUC-DISCUSS] ICANN Receives Letter from California Attorney
>>> General Regarding .ORG Change of Control
>>> Date: Fri, 31 Jan 2020 12:58:57 -0200
>>> From: Bruna Martins dos Santos <bruna.mrtns at gmail.com>
>>> <bruna.mrtns at gmail.com>
>>> To: NCUC Discuss <ncuc-discuss at lists.ncuc.org>
>>> <ncuc-discuss at lists.ncuc.org>
>>>
>>> Dear NCUC,
>>>
>>> FYI
>>>
>>> During this morning, at the NCSG call with Board Member Matthew Shears,
>>> he mentioned that the Office of the Attorney General of the State of
>>> California has requested information from ICANN regarding the PIR deal. The
>>> correspondence
>>> <https://www.icann.org/en/system/files/correspondence/ca-ago-to-icann-board-23jan20-en.pdf>
>>> asks a set of 35 questions/requests to ICANN, from organizational matters,
>>> ICANNs capacity to regulate the registration fees and so on.
>>>
>>> Icann also issued a blog post
>>> <https://www.icann.org/news/announcement-2020-01-30-en> explaining that
>>> they are also
>>>
>>>
>>> *"providing formal notice to PIR, pursuant to the terms of the PIR
>>> Registry Agreements, because the CA-AGO has requested that ICANN provide
>>> information that PIR designated as confidential. In addition, the CA-AGO
>>> has asked for more time, surpassing the current ICANN deadline to review
>>> the proposed change of control of the PIR Registry Agreements that is
>>> currently set as 17 February 2020. Accordingly, the letter from ICANN to
>>> PIR requests additional time, up to 20 April 2020, to conclude both the
>>> CA-AGO and ICANN reviews." *
>>> Best regards,
>>>
>>> --
>>> *Bruna Martins dos Santos *
>>>
>>> Skype ID: bruna.martinsantos
>>> @boomartins
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>
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