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

Mon Feb 3 13:47:37 UTC 2020

David,

That the California AG has seen it necessary to step in to look after the
public interest since ICANN has failed to do so, should be a wake up call
and prompt reflection as to where ICANN went wrong.

Certain people in At-Large presume to speak for end users while
simultaneously delegitimizing the voices of end users and registrants.
While accusing others of comments that "are designed to put folks on the
defensive, to shut them up, not have constructive discussion" that is often
their own contribution to the discussion.

Mr. Zuck, just now: "The idea that the California AG was somehow
disappointed in the At-Large bottom up consensus building process and
therefore made a heartfelt entry into the fray is just about the most
ridiculous thing I’ve ever heard."

Mr. Shatan: re Sam Klein piece:  "There’s a heavy reliance on domainers and
their (direct and indirect) handiwork, which contributes to the overheated
tone and rush to judgment imbued in this piece."

Mr. Zuck: re NRO inspection request:  "I suspect, from reading how
carefully this is worded, that EFF is behind this. Very interesting tactic."

Mr. Zuck: re an EFF letter: "I confess I’d be interested to see who is
behind this site.  The talking points are very similar to those with which
we were bombarded by ICA during the original discussions around .ORG. Deep
down, we ALL know that the only ones truly harmed by a price increase are
volume registrants. It was you who suggested that a price hike might
actually be pro-consumer. Let’s not lose site of all that because we’re
pissed at ISOC. Let’s try to keep from being manipulated again and do a
reasoned analysis of the situation."

Mr. Shatan: re Jacob Malthouse article: "There are more important things
than a pissing match in the toilet of public opinion."

Mr. Zuck: re public comments on .ORG: "In a world where the domainers can
gin up 3k ridiculous comments, activation needs to be a priority for the
At-Large!"

Regards,

Nat Cohen

On Mon, Feb 3, 2020 at 7:20 AM David Mackey <mackey361 at gmail.com> wrote:

> 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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