[Gnso-newgtld-wg] Public interest generic strings - a different approach

[George Sadowsky]

All,

I'd like to outline a different approach to the issue of public interest generics, in the hope that it might (eventually?) contribute to a policy solution for this issue.  This is only at the level of a thought experiment.

Let's hypothesize the following:

1. The status quo is decided in one direction or another, or is even ignored.  I not sure it matters with this approach.

2. There is an unquenchable demand for the possible creation of public interest generic string gTLDs, either for strings that have been identified already or for the emergence of possible such strings in the future.  Therefore the GNSO policy has to have a provision for them.  (You can use .disaster as a proxy for thinking about this, or not.)

3. Other top level generics, covering industries and markets will not be allowed.  Only public interest generics will be allowed.  (The arguments against this subset of generics depends upon a different type of public interest argument having a basis that the monopolization of the information space of an entire market by a single organization result in a concentration of power that is not in the public interest.  Further the GAC is as likely to object to this in the future as they have in the past, and the new policy must either bypass GAC concerns or lead to a confrontation between the Board and the GAC.

Given this scenario, what concerns would we have about delegating such domains to organizations.  Each of us has some concerns including, but not limited to, competition among which organization should receive the delegation, control of inappropriate registrations (and who decides), profiteering (under some definition) by virtue of being chosen, and similar concerns.

Now, rather than give up on the idea of adopting the public interest string in a gTLD, let's ask under what additional conditions would our concerns be largely or totally alleviated?  After all, if there are organizations that think the concept is sufficiently important to invest in, and it appears that the GAC will accept the string as a legitimate public interest issue, shouldn't we work toward finding a good way to make it happen rather than saying, "There are too many difficulties with the concept, let's give it up."

So here are some suggestions for the creation of a policy environment, approved by the GNSO and very likely to be acceptable to the ICANN Board and the GAC, that could allow such strings to exist with appropriate controls that we would feel comfortable with.  

[Bear in mind that this is written on the fly and is a rough sketch of what might happen, to indicate possibility of concept, not proof.  The big question is whether this could be a worthwhile approach rather than if these details are the exactly correct ones.]    

1. A new category of TLD is created for such strings, a little like the community status of the previous round.  Let's name the category "Generic Public Interest Strings."  Rationale: Attempts to fit closed pubic interest generics into structures from the previous round don't seem to work; a new category with new rules is needed for this category of string to work.

2. The applicant must be a not-for-profit organization.  With some classes of exceptions permitted, second level registrants should also be not-for-profit organizations or governmental organizations.

3. The application should contain statements of support from initial second level registrants. The group should include a robust selection of organizations that have a material interest in the subject and can contribute through the domain to the public good.  Challenges should be possible during the evaluation period.

4. The domain will have a management structure that recognizes the applicant as its leader but has in addition a council of leaders consisting of a representation of second level registrants.  Additions and deletions to the registrant list, as well as any decisions regarding structural, behavioral and content issues are the responsibility of such a council that will develop its management charter.  

5. The domain must have in it two prominent up to date entries.  The first should be a detailed statement of purpose, and the second should be an updated annotated index of all second level registrants and the manner in which their domain can be used to contribute to the public interest related to the string.  The first entry should be a part of the application and cannot be changed in any significant manner for the life of the gTLD except by rough consensus of the domain management group.  (I strongly recommend a sensitive and insightful exposition of the meaning and implications of "rough consensus" is provided in RFC 7282 by Pete Resnick.) 

6. If the domain is to change hands to another manager, the transfer must be judged on the basis of continuity and importance of purpose.  The price of the domain will be limited to the original investment in the acquisition and operation of the domain, appropriately discounted, and capped by the increase in some measure such as the rate of inflation or the cost of capital increase during the period of current management, possibly with a multiplier and/or floor of some sort.  Rationale: This will insure that public service rather than gain is the motivating factor for applying for the domain.

I think that I would feel comfortable that a structure like this would ensure that the domain would adhere to its original public benefit purpose.  Other structural approaches are possible also. 

This approach does require a new set of considerations for a new category.  This may not be an easy task, and will take time, but it is not an impossible job.   The result -- accommodation for including public interest generic  gTLDs  --should make such a development worthwhile and, assuming that one agrees with the list of hypotheses at the beginning of the list, directly addresses the possible resolution of existing generic string disputes.

Comments?

George

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
George Sadowsky                                    Residence tel: +1.301.968.4325
8300 Burdette Road, Apt B-472                          Mobile: +1.202.415.1933
Bethesda MD  20817-2831  USA                                    Skype: sadowsky      
george.sadowsky at gmail.com                http://www.georgesadowsky.org/ 



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