[Gnso-newgtld-wg-wt5] Qualifying the threshold for requirement of letters of non-objection!

Marita Moll mmoll at ca.inter.net
Tue Jun 5 18:26:23 UTC 2018


Here is an example I just ran into. The city of Meissen in Germany -- 
pop. approx. 30,000 -- well known for it's porcelain industry which has 
been part of this city since the 1700s.

town url is indirect (thank goodness for wikipedia which takes you 
there)  = http://www.stadt-meissen.de/

The url meissen.de leads you to meissen.com. That's the pottery factory.

Even the Meissen summer school of Internet governance (euroSSIG) has the 
pottery site posted instead of the town site -- accidently, I'm sure. 
This sort of thing is confusing to endusers and we should seek to avoid 
it or at least clearly outline it.

I assume that the pottery factory got the top level becauseno letter of 
support was requested or required. Perhaps this is a common tradeoff in 
Germany as I think I have seen it before. Does it make sense to reserve 
double barrelled tags like meissen-city for this purpose? Maybe it does.

If such examples could be deconstructed, perhaps it would lead us to 
some defined strategies on resolving such conflicts.

Marita


On 6/4/2018 5:09 PM, Liz Williams wrote:
> Hello Kavouss
>
> I am sorry I wasn’t clear.  What I meant was that it is entirely 
> possible for an application to be submitted that relates to a 
> geographic location that is contested between one or more parties and 
> requiring government support would be an unreasonable burden on a 
> legitimate applicant.  I can think of many locations that could be 
> interested in applying for a new TLD but am reluctant to choose 
> examples because that may be inflammatory.
>
> The central point is that “requiring” government support for an 
> application for a new TLD which is a geographic identifier, as opposed 
> to having that support as only one element of evaluation criteria 
> could be very unfair for applicants.  The freedom of 
> speech/international rights experts will be much better placed to make 
> these arguments based on international norms (for example, from the 
> United Nations).
>
> I am urging us to think of different policy principles that could be 
> applied here…we are very close to that if we stick with “objective, 
> transparent, known in advance” and so on.  What we most certainly 
> don’t want to do is create implementation systems that could put ICANN 
> evaluators in the middle of picking winners in deeply political 
> discussions which have nothing to do with the management of the domain 
> name system.
>
> Liz
> ….
> Dr Liz Williams | International Affairs
> .au Domain Administration Ltd
> M: +61 436 020 595 | +44 7824 877757
> E: liz.williams at auda.org.au <mailto:liz.williams at auda.org.au> 
> www.auda.org.au <http://www.auda.org.au>
>
> Important Notice
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>> On 4 Jun 2018, at 9:09 pm, Kavouss Arasteh <kavouss.arasteh at gmail.com 
>> <mailto:kavouss.arasteh at gmail.com>> wrote:
>>
>> Liz
>> I do not really understand the objectives of your text below
>> C) legitimate dissent where a geographic location is contested (in 
>> all forms of geographic and cultural contest) but where it is 
>> entirely feasible for a legitimate application to be submitted for 
>> which freedom of expression is paramount.  Mandating support or 
>> “non-objection” is a guarantee of failure where the applicant may 
>> have different views to the government of the day.
>> Kavouss
>>
>> On Sat, Jun 2, 2018 at 9:08 AM, Liz Williams 
>> <liz.williams at auda.org.au <mailto:liz.williams at auda.org.au>> wrote:
>>
>>     The challenge with these kind of cut off
>>     numbers/percentages/qualifiers is that they don’t recognise the
>>     realities of
>>
>>     A)  numerous examples of where this just doesn’t work when
>>     generic words clash with trademarks which clash with geographic
>>     terms where no one right is more valid than any other.
>>     B) competing applications (from the Perths or Londons or Rocks)
>>     of the world which could be some of the largest cities in the
>>     world to the tiniest island towns that want to connect their
>>     unique identity to the global internet
>>     C) legitimate dissent where a geographic location is contested
>>     (in all forms of geographic and cultural contest) but where it is
>>     entirely feasible for a legitimate application to be submitted
>>     for which freedom of expression is paramount.  Mandating support
>>     or “non-objection” is a guarantee of failure where the applicant
>>     may have different views to the government of the day.
>>
>>     We must think clearly about neutral measures for evaluators to
>>     measure applications…not coming up with select lists which we
>>     will, guaranteed, get wrong.
>>     Liz
>>     ….
>>     Dr Liz Williams | International Affairs
>>     .au Domain Administration Ltd
>>     M: +61 436 020 595 | +44 7824 877757
>>     E: liz.williams at auda.org.au <mailto:liz.williams at auda.org.au>
>>     www.auda.org.au <http://www.auda.org.au/>
>>
>>     Important Notice
>>     This email may contain information which is confidential and/or
>>     subject to legal privilege, and is intended for the use of the
>>     named addressee only. If you are not the intended recipient,
>>     you must not use, disclose or copy any part of this email. If
>>     you have received this email by mistake, please notify the sender
>>     and delete this message immediately.
>>
>>>     On 2 Jun 2018, at 12:15 pm, Justine Chew <justine.chew at gmail.com
>>>     <mailto:justine.chew at gmail.com>> wrote:
>>>
>>>     Alexander,
>>>
>>>     I very much like the idea of a percentage of citizens of a
>>>     nation as consideration for qualifying select list of cities in
>>>     order to not exclude smaller cities from protective measures
>>>     enjoyed by capital cities and ISO 3166 Alpha-2 subnational
>>>     regions. Percentages would work much better than absolute values.
>>>
>>>     Thank
>>>     ​ you for suggesting this.​
>>>
>>>
>>>     Justine
>>>     -----
>>>
>>>     On 1 June 2018 at 23:28, Alexander Schubert
>>>     <alexander at schubert.berlin <mailto:alexander at schubert.berlin>>
>>>     wrote:
>>>
>>>         Greg,
>>>
>>>         So in other words folks who are trying to preserve identity
>>>         rights for city inhabitants are “GEO Supremacists” in your
>>>         eyes? I assume you just want to showcase your extreme
>>>         displeasure with the suggested protective measures. Just
>>>         search “USA supremacy” in google.com <http://google.com/>;
>>>         and you know why it hurts to be called a “supremacist”.
>>>         Maybe you weren’t aware how insulting the term is.
>>>
>>>
>>>         But trying to stay on the topic matter:
>>>
>>>         ·*I think we have reached general agreement that the public
>>>         representatives for inhabitants of certain geo-entities
>>>         deserve the unilateral right to vet an identical gTLD
>>>         application.*
>>>
>>>         oAnd in the languages that matters! See Moscow: Even when
>>>         only a smaller percentage of Muscovites speaks English – the
>>>         gTLD is bilingual; one gTLD in English and an IDN version in
>>>         Russian. Just the local language isn’t enough in a
>>>         globalized world. I am a good example in this case:  For my
>>>         Russian traveling I use schubert.moscow – and I wouldn’t
>>>         want an IDN version. I hope it’s not too “supremacist” when
>>>         a metropole desires their well-known global brand in the
>>>         English language as well (being a capital or not – Moscow
>>>         was covered as it is capital).
>>>
>>>         ·*Examples of the above mentioned agreed on protective
>>>         measures are capital cities or ISO 3166 Alpha-2 subnational
>>>         regions. *
>>>
>>>         ·*My suggestion is that we extend the same rights to cities
>>>         once these meet a certain threshold.*
>>>
>>>         oYou suggest that this should be a “select list”. So we have
>>>         to define the threshold that defines the “list”. This could
>>>         be an absolute number of inhabitants – or a percentage of
>>>         citizens – or the lower of both values. Example: the city
>>>         needs to have at minimum 250,000 inhabitants – or at least
>>>         2.5% of the nation’s population. The exact measures need to
>>>         be explored. This way in countries with less than 10 Million
>>>         people (and that is WELL more than half of all countries in
>>>         the world) slightly smaller cities are protected as well.
>>>         Latvia has 2 Million people – 2.5% equals 50,000! That
>>>         protects 4 cities aside of the capital.
>>>
>>>         ·*If a city doesn’t make the “select list” the 2012 AGB
>>>         rules apply:  government support only required if geo-use
>>>         intent.*
>>>
>>>         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 *Greg Shatan
>>>         *Sent:* Freitag, 1. Juni 2018 06:44
>>>         *To:* Marita Moll <mmoll at ca.inter.net
>>>         <mailto:mmoll at ca.inter.net>>
>>>
>>>
>>>         *Cc:* gnso-newgtld-wg-wt5 at icann.org
>>>         <mailto:gnso-newgtld-wg-wt5 at icann.org>
>>>         *Subject:* Re: [Gnso-newgtld-wg-wt5] Qualifying the
>>>         threshold for requirement of letters of non-objection!
>>>
>>>         I’m in favor of TLDs being applied for and used as city TLDs
>>>         by those cities or on their behalf.
>>>
>>>         I’m open to the idea that a very small and  select list of
>>>         cities would have veto/blocking/consent/non-objection
>>>         privileges (practically, they’re all pretty much the same)
>>>         over any use of a string identical to their name (in the
>>>         language of  that city), even for non-geo uses.
>>>
>>>         I’m open to the idea of a larger group of cities that would
>>>         have those privileges, but only in the context of use in
>>>         connection with that city.
>>>
>>>         I’m not in favor of a general rule based on the
>>>         geosupremacist idea that a geo use is superior to all other
>>>         uses.  I’m really not in favor of a general rule that
>>>         non-use/non-application for geo purposes should get in the
>>>         way of an application for another use of that same string.
>>>
>>>         Strings have multiple meanings and uses.  There is no
>>>         general rule of a hierarchy of rights among legitimate uses
>>>         of that string. There is certainly no hierarchy that puts
>>>         geo uses at the  top of the list every time.
>>>
>>>         Greg
>>>
>>>         On Thu, May 31, 2018 at 7:54 PM Marita Moll
>>>         <mmoll at ca.inter.net <mailto:mmoll at ca.inter.net>> wrote:
>>>
>>>             I know I am a bit late in tuning into these thoughts by
>>>             Alexander. But it's never too late to say "well said."
>>>
>>>             I am reminded that, in it's earliest days, the Internet
>>>             itself was considered a public resource. Even the
>>>             slightest bit of advertising was shunned! We have come a
>>>             long way from there. But we still have a chance to
>>>             retain some of that original spirit. The city domain
>>>             name space could be seen and managed as a resource for
>>>             public benefit as Alexander suggests.
>>>
>>>             And that would have to be by design."It doesn't happen
>>>             by accident." __
>>>
>>>             Marita Moll
>>>
>>>             On 5/22/2018 11:34 AM, Alexander Schubert wrote:
>>>
>>>                 Dear Liz,
>>>
>>>                 I am a domain broker and “domainer” since 21 years
>>>                 and have consequently analyzed the market from
>>>                 “inside” – ESPECIALLY when it comes to newly minted
>>>                 gTLDs. I have participated in all new gTLD
>>>                 introductions in the past, from .info, over .us
>>>                 (liberation in  2001), .eu and so on. And there is a
>>>                 FUNDAMENTAL difference between a historical grown
>>>                 name space like “.com” or a ccTLD and new name spaces:
>>>
>>>                 If 10% of names in .com or .de are speculative
>>>                 registrations - .com will survive just fine. No
>>>                 problem. But:
>>>                 A new gTLD is like a new “land” – best to be
>>>                 compared with for example Dubai. Imagine the rulers
>>>                 of Dubai had sold building lots for “cost value”;
>>>                 say for US $2,000 per lot. They would probably have
>>>                 sold high volumes – but unlikely that ANYTHING would
>>>                 have really being developed there. The “dirt” would
>>>                 have remained what it is: “dirt”. Speculators would
>>>                 have speculated.
>>>                 But wisely the Dubai rulers demanded from all land
>>>                 buyers to DEVELOP their land – and build something;
>>>                 “something” that by now is the sparkling community
>>>                 we all know: DUBAI!
>>>
>>>                 In Chicago there were several blocks of sub premium
>>>                 land. Some people bought houses cheaply – and did
>>>                 NOTHING. But others developed the land around – and
>>>                 made the area “valuable”. Guess how the people who
>>>                 bought cheap and then waited until the area became
>>>                 valuable were called? No. Not “clever investors”.
>>>                 They were labeled “free-riders”. They bought cheap
>>>                 and did nothing – waited for the land to “mature” –
>>>                 then sold for prices that were high due to the work
>>>                 of others. That’s what “domain investors” do: they
>>>                 buy the premium land – let it sit for 5 to 10 years
>>>                 – THEN SELL for 1,000 times the “investment”.
>>>                 “Clever”? Nope: Mismanagement, free-Riding and
>>>                 damages the name-space: nothing is being developed –
>>>                 no “Sparkling Dubai” – all remains dirt. Legal – but
>>>                 doesn’t really advance the experience of the
>>>                 Internet user.
>>>
>>>                 It’s all a question of public benefit philosophy –
>>>                 or the absence of any.
>>>
>>>                 Regarding “local business”:
>>>                 Yes, of course one could argue that a domain
>>>                 tires.denver owned by speculator and operating a
>>>                 tires.com <http://tires.com/> Affiliate website
>>>                 isn’t too bad. After all people in Denver can buy
>>>                 tires on the website, and the domain owner “invested
>>>                 funds”, the registry got some money in the premium
>>>                 auction (e.g. US $2k – even if the domain is worth
>>>                 US $50k), and: “all OK, no?”. Free market, and let
>>>                 the registry do what they want.
>>>                 My view on this:  A city gTLD is a VALUABLE
>>>                 RESCOURCE, that should aid the city community. It
>>>                 should be MANAGED – and ideally in a way that
>>>                 impacting domains like business verticals are
>>>                 supporting LOCAL business. The U.S. is CHOKING on a
>>>                 gigantic import-export deficit: stuff is being
>>>                 bought ABROAD instead nationally. The same is true
>>>                 for local communities: The Internet serves as a
>>>                 Trojan horse to shift local business outside the
>>>                 city.  Tires being bought at a tires.com
>>>                 <http://tires.com/> Affiliate site displayed at
>>>                 tires.denver shift revenue OUTSIDE Denver.
>>>                 Apartments leased via an Affiliate site at
>>>                 apartments.denver destroy local real estate
>>>                 businesses. This list goes on and on and on. The
>>>                 huge advantage of a locally MANAGED city gTLD is to
>>>                 ADVANCE LOCAL BUSINESS! Hence “.denver”! If you
>>>                 wanted to buy tires SOMEWHERE – then do it. But the
>>>                 very idea of a .city gTLD is that it promotes LOCAL
>>>                 BUSINESSES! And that doesn’t happen by “accident” –
>>>                 it has to be promoted and MANAGED. And the ones who
>>>                 do that best are the local business constituencies –
>>>                 business associations, chambers, etc.!
>>>
>>>                 Imagine somebody bought a wood (large property full
>>>                 of trees) for cheap money – and would harvest ALL
>>>                 trees, and sell them at once: Yes, they would make a
>>>                 profit. Is it good for the land? Nope – the land
>>>                 will erode. Hence laws and rules regulate wood
>>>                 harvesting. It’s the same with city gTLDs. Selling
>>>                 all the premium domains in SEDO auctions to
>>>                 “investors” makes money – and drives registration
>>>                 volume: but it deprives the namespace of creating
>>>                 “beacon” domains that serve as brand ambassadors for
>>>                 the city gTLD.
>>>
>>>                 Took me a few years to develop all these thoughts. I
>>>                 am thinking about community name spaces since 2004.
>>>                 I love earning money – but I love even more when I
>>>                 serve people while doing so. Not all life is about
>>>                 making cash fast.
>>>
>>>                 So when a city Government is being presented with a
>>>                 city constituencies funded, owned, managed and
>>>                 marketed “non-profit” effort to advance the city –
>>>                 and on the other hand with an operator that merely
>>>                 “makes the namespace available”: let the cities
>>>                 representatives decide. I agree with you: ICANN
>>>                 should NOT “tell applicants where to base their
>>>                 business” or how to operate it. It’s fine when there
>>>                 are offshore based portfolio applicants with large
>>>                 amounts of VC money running around and trying to
>>>                 convince cities to operate a valuable and important
>>>                 city infrastructure. But allow the city to decide
>>>                 whom they pick – don’t let VC money “brute force”
>>>                 ownership of city namespaces.
>>>
>>>                 Btw: Sadly the “managing” part wasn’t well developed
>>>                 in the first batch of city gTLDs. I think this will
>>>                 dramatically change in the next round.
>>>
>>>
>>>                 Thanks,
>>>
>>>                 Alexander
>>>
>>>                 *From:*Liz Williams [mailto:liz.williams at auda.org.au
>>>                 <mailto:liz.williams at auda.org.au>]
>>>                 *Sent:* Dienstag, 22. Mai 2018 06:39
>>>                 *To:* Alexander Schubert <alexander at schubert.berlin>
>>>                 <mailto:alexander at schubert.berlin>
>>>                 *Cc:* gnso-newgtld-wg-wt5 at icann.org
>>>                 <mailto:gnso-newgtld-wg-wt5 at icann.org>
>>>                 *Subject:* Re: [Gnso-newgtld-wg-wt5] Qualifying the
>>>                 threshold for requirement of letters of non-objection!
>>>
>>>                 Hello Alexander
>>>
>>>                 I wanted to explore a little further your assertion
>>>                 that an applicant for a geo-TLD should be locally
>>>                 based.  Our freedom of expression/civil liberties
>>>                 colleagues will have a better handle on those
>>>                 imperatives but I wonder why one would expect an
>>>                 applicant to be located in the community when, for
>>>                 example, a geographic domain name label may be a
>>>                 means of expressing dissent or difference from the
>>>                 current government? It is not a pre-requisite for
>>>                 ICANN to be telling applicants who meet the
>>>                 evaluation criteria that they should be “local”.  
>>>                 We also know that the Internet enables us to be
>>>                 wherever we want to be to do business…that is one of
>>>                 the most amazing characteristics of the Internet.
>>>
>>>                 It is also not desirable for ICANN to tell
>>>                 applicants where they should locate their
>>>                 businesses. Organisations legitimately and perfectly
>>>                 legally choose the registered location for  their
>>>                 business based on, for example, tax treatment, ease
>>>                 of doing business, rule of law, incentives for
>>>                 entrepreneurs, bandwidth and timezone. Those are all
>>>                 good things we wouldn’t want to interfere with.
>>>
>>>                 I doubt that it is supportable to have a prohibition
>>>                 on entities applying for several geographic labels. 
>>>                 What if it were a good thing that an expert registry
>>>                 operator was able to provide services to communities
>>>                 in unique and attractive ways?  I would have thought
>>>                 that is a nice niche business that could benefit
>>>                 communities in good ways?
>>>
>>>                 And finally, I don’t understand the problem with
>>>                 domain investors. Those domain name owners are
>>>                 legitimate purchasers of domain names at the second
>>>                 level.  Many registry operators are propped up by
>>>                 those investors and the secondary domain name market
>>>                 is active and mature which is another indicator of
>>>                 competition and consumer choice.  I think we can all
>>>                 agree that mis-using a domain name, whoever owns it,
>>>                 isn’t a desirable market outcome but there are
>>>                 measures in place to deal with that.
>>>
>>>                 Looking forward to the views of others.
>>>
>>>                 Liz
>>>
>>>                 ….
>>>                 Dr Liz Williams | International Affairs
>>>                 .au Domain Administration Ltd
>>>                 M: +61 436 020 595 | +44 7824 877757
>>>                 E: liz.williams at auda.org.au
>>>                 <mailto:liz.williams at auda.org.au> www.auda.org.au
>>>                 <http://www.auda.org.au/>
>>>
>>>                 Important Notice
>>>                 This email may contain information which
>>>                 is confidential and/or subject to legal privilege,
>>>                 and is intended for the use of the named addressee
>>>                 only. If you are not the intended recipient,
>>>                 you must not use, disclose or copy any part of this
>>>                 email. If you have received this email by mistake,
>>>                 please notify the sender and delete this message
>>>                 immediately.
>>>
>>>                     On 20 May 2018, at 9:40 pm, Alexander Schubert
>>>                     <alexander at schubert.berlin
>>>                     <mailto:alexander at schubert.berlin>> wrote:
>>>
>>>                     Christopher,
>>>
>>>                     I completely understand (and support) your
>>>                     notion, that an applicant for a geo-gTLD should
>>>                     be locally rooted; ideally geo-community funded,
>>>                     managed and marketed. And I am completely in
>>>                     agreement with you that we should create policy
>>>                     that prevents that a few big players are
>>>                     blanketing the geo-gTLD space with hundreds of
>>>                     applications each a copy & paste job of the
>>>                     other, with absolutely zero knowledge of the
>>>                     specific city community and no intent to further
>>>                     THEIR specific agenda – instead trying to make
>>>                     money FAST.
>>>
>>>                     And obviously letters of non-objection will help
>>>                     a lot – because by 2020 the mayors of a major
>>>                     cities WILL know a bit about the pitfalls of the
>>>                     management for city gTLDs (consultants will
>>>                     bring them up to speed and help them to navigate
>>>                     the jungle of examining the applicants funding,
>>>                     marketing, community-engagement and rooting,
>>>                     management, etc).
>>>
>>>                     You suggest a measure to reduce mass land-grab:
>>>                     “Prohibition to apply for several geo-gTLDs for
>>>                     the same entity”. I was a “domainer” (shame on
>>>                     me) since 1997,  and then started to create
>>>                     community based gTLDs in 2004 (.berlin was a
>>>                     community owned, funded, managed and designated
>>>                     gTLD application, as was the .gay applicant I
>>>                     founded). I personally know quite a bunch of
>>>                     “domainers turned portfolio applicants”. And I
>>>                     know their abilities, their endurance. They will
>>>                     simply have a legal entity in each city –
>>>                     intelligently managed through notaries acting on
>>>                     their behalf. I am happy to help looking into
>>>                     policy that is designed to stop geo-name land
>>>                     grab; but the measure proposed by you is
>>>                     probably easily to be gamed.
>>>
>>>
>>>                     Thanks,
>>>
>>>                     Alexander
>>>
>>>
>>>
>>>
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