The US government has told ICANN that it may extend the current IANA functions contract for a year, should something unexpected happen this month.
The National Telecommunications and Information Administration wrote to ICANN (pdf) yesterday, to provide “preliminary notice” that it could extent the contract until September 30, 2017, if a “significant impediment” should occur before October 1, 2016.
It appears to be a formality. NTIA said:
the department intends to allow the IANA functions contract to expire as of October 1, 2016, barring any significant impediment. This notice preserves the Government’s rights under the contract during this interim period should there be a change in circumstance.
Under the contract, NTIA is allowed to extend the term for another year in the last 15 days of the current term, but it has to give 30 days notice to ICANN if it wants to do so.
NTIA assistant secretary Larry Strickling told ICANN (pdf) a couple weeks ago that it plans to allow the IANA contract to expire — thereby removing NTIA’s piddling influence in root zone management — October 1.
But the move is facing continued criticism from increasingly unhinged elements of the American political right, who have got it into their heads that the transition means Russia and China will be able to take over ICANN and crush free speech online.
The campaign has been spearheaded by Senator Ted Cruz and whoever pulls the strings of Wall Street Journal columnist L Gordon Crovitz, and has roped in a multitude of hard-right think-tanks.
The latest publicity push for the campaign saw Cruz yesterday launch a countdown clock on its Senate web page.
Cruz’s site states:
If that proposal goes through, countries like Russia, China, and Iran could be able to censor speech on the Internet, including here in the U.S. by blocking access to sites they don’t like.
None of that is true, needless to say.
But the anti-transition sentiment is strong enough that it’s not impossible that there will be a “significant impediment” to the transition before October 1 — a legal injunction against the Federal government, perhaps — and the extension will enable ICANN to run IANA under the current regime for another year.
Tata Group is reportedly considering buying a school for the Moroccan province of Tata in order to unlock the .tata gTLD.
The huge Indian conglomerate has been prevented from acquiring its own dot-brand because it matches the name of the tiny region, which is as protected geographic string under ICANN rules.
Without the express permission of Morocco, Tata will not get its desired domain.
According to the New Indian Express newspaper, the company has now reached out to the Indian government in an attempt to open diplomatic channels with Morocco and finally resolve the issue.
The paper cites an unnamed “official” as stating that buying a new school for the province may be the best way to “open the door” to a formal non-objection.
That has precedent.
New gTLD registry Punto 2012, managed to get a non-objection for its .bar application from Montenegro by offering to pay $100,000, spread over 10 years, to fund a school in the Bar region of the country.
Tata came close to acquiring .tata in 2014.
It was the final new gTLD application to pass its evaluation, after it managed to produce a letter from Morocco that was taken as a non-objection.
But Morocco’s digital minister subsequently objected, denying that the government had permitted the use of the string.
Tata’s application was then returned to its Geographic Names Review, which it flunked last December.
Since then, the bid has been marked “Will Not Proceed”, a status that usually only changes when an application is withdrawn.
ICANN lawyers have launched an extraordinary attack on a “blogger” who recently wrote an article headlined “ICANN’s general counsel should lose his job over this”.
Early Friday, ICANN’s board of directors issued its response to the recent Independent Review Process case in which new gTLD applicant Dot Registry managed to show that the board had breached its transparency and accountability bylaws.
The board resolution did not say what is going to happen to Dot Registry’s four new gTLD applications, due to lack of guidance from the IRP panel.
But it did contain a surprising retaliation against Chris Williams, a reporter for online news site The Register, referring to “factual inaccuracies that have been reported in online blogged reports”.
(Before going any further, some disclosure: I freelanced for The Register for several months about five years ago, when Williams was the copy editor I sometimes had to work with. I also worked directly under its current group editor for about five years at a different publication in the early-mid 2000s.)
In the rationale accompanying its resolution last week, the board said:
the Board also notes that there have been online blogged reports about what the [IRP] Final Declaration actually says, yet many of the items reported on have been factual inaccuracies
I immediately grew worried that the resolution was having a pop at this site. But it actually refers to The Register, a news site with millions of readers that, despite its tabloid style, is not usually described as a “blog”.
The board ordered the simultaneous release of their staff-prepared briefing notes (pdf) for the meeting at which the resolution was passed, which contain an 800-word rebuttal of Williams’ August 3 article “Simply not credible: The extraordinary verdict against the body that hopes to run the internet”.
The article covers the Dot Registry IRP decision in a tone that is harshly critical of ICANN.
It is particularly critical of ICANN’s legal team and specifically general counsel John Jeffrey and notes that he makes a tonne of cash due to his regular, generous pay rises.
I compared each point in the rebuttal to the original article and I think ICANN is generally on fairly safe ground in some of what it says are inaccuracies.
In other cases, the rebuttal instead takes issue with the opinion of a third party quoted in the piece, or with a different, but in my view fair, characterization of the IRP declaration.
It seems the Reg article did incorrectly conflate “ICANN staff” and the “ICANN legal team” in at least one instance, as the ICANN rebuttal claims.
It also does in fact quote sections of “the [IRP] Panel’s recitation of Dot Registry’s claims as if they are the Panel’s own finding” as the rebuttal says it does.
But the actual findings of the panel were arguably much harsher than the text the Reg quoted.
So why is the ICANN board of directors passing a resolution addressing the veracity of a news report rather than the real concerns raised by the IRP declaration?
Column yards of horseshit are written about ICANN on a daily basis — I’m probably responsible for an inch or two myself — so why has ICANN zeroed in on this particular piece?
Could it be because Williams’ follow-up piece, August 4, leads with Dot Registry CEO Shaul Jolles calling for the head of Jeffrey? Jolles is quoted as saying:
ICANN’s general counsel should lose his job for this. The advice that he gives, everything was processed through him. It’s shocking.
There’s a rich irony at work here.
The main takeaway from the IRP’s declaration was that the ICANN board sometimes rubber-stamps resolutions drafted by ICANN staff without doing its due diligence.
The Reg then reported that fact.
In response, ICANN staff drafted a resolution designed to shoot the messenger, deflecting attention from the IRP’s findings, which the board then approved without amendment.
If somebody over at ICANN is chagrined about inaccurate reporting, I can’t help but feel that the best way to deal with that would be to request a correction or publish a rebuttal in the form of a blog post or some other kind of statement.
Using the very method under scrutiny — staff drafts, board approves — to issue a rebuttal simply serves to highlight the failings outlined by the IRP panel.
Compounding this, the only reason we’re able to see the full rebuttal today is that the board approved a (staff-drafted) resolution authorizing the concurrent publishing of staff briefing materials.
Usually, briefing materials are published alongside formal minutes when they are approved many weeks later.
If the ICANN board is able to publish briefing materials just a couple of days after passing its resolutions, why on Earth does it not do so as a matter of course?
Did any member of the ICANN board raise her or his hand to ask why these materials had to be published with such haste?
Can ICANN only be transparent in a timely fashion when its lawyers have been criticized in the press?
The ICANN board of directors is wondering whether the next new gTLD application round should kick off sooner than expected.
Chair Steve Crocker reached out to the Generic Names Supporting Organization this week to ask whether the next round could start before all GNSO policy work has been completed.
Or, he asked, are there any “critical issues” that need to be resolved before ICANN starts accepting more applications.
Akram Atallah, head of ICANN’s Global Domains Division, said in May that 2020 is the earliest the next round could feasibly begin, but Crocker’s letter this week (pdf) suggests that that date could be brought forward.
Crocker asked “whether a future application process could proceed while policy work continues”.
There are a number of reviews that ICANN has committed to carry about before the next round starts.
There’s a consumer choice, competition and trust survey to be completed, for example, and a review of trademark protection mechanisms.
Atallah said in may that these would likely be complete by the end of 2017.
But the GNSO is also conducting policy work designed to highlight flaws and inefficiencies in the current 2012 and recommend changes and improvements.
It’s this so-called GNSO Policy Development Process (PDP) Working Group on New gTLD Subsequent Procedures (or NewgTLD-WG) that Crocker is interested in. He wrote:
assuming all other review activities are completed, it would be helpful to understand whether the GNSO believes that the entirety of the current Subsequent Procedures PDP must be completed prior to advancing a new application process under the current policy recommendations. The Board is cognizant that it may be difficult to provide a firm answer at this stage of the process as the reviews are still underway and the PDP is in its initial stages of work, but if any consideration has been given in relation to whether a future application process could proceed while policy work continues and be iteratively applied to the process for allocating new gTLDs, or that a set of critical issues could be identified to be addressed prior to a new application process, the Board would welcome that input.
The current plan for the NewgTLD-WG is to wrap up two years from now, in the third quarter of 2018 (though this may be optimistic).
Members of the group seem to think that we’re looking at a post-2020 next round with 10,000 to 15,000 applications.
It’s difficult to imagine a second round (or fourth, if you’re a pedant) beginning a whole lot earlier than 2020, given the snail’s pace ICANN and its community moves at.
The WG was chartered over half a year ago and the conversations going on are still at a depressingly high level.
Perhaps Crocker’s letter is an early indication that board will not be the significant drag factor on the process.
Two companies called Merck have separately failed ICANN Community Priority Evaluations, meaning the new gTLD .merck could be the first dot-brand to head to ICANN auction.
Merck KGaA applied for .merck for the Merck Group, a German chemicals company founded — staggeringly — in 1668, the same year Newton built the world’s first reflecting telescope.
Merck Registry Holdings Inc applied for the same string on behalf of Merck & Co, which was originally the US subsidiary of the German outfit. The US firm was seized by the US government and subsequently became independent during World War I.
Despite the substantial pedigrees of these multi-billion dollar businesses, neither were able to muster up the required 14/16 points to be considered a “Community” under ICANN CPE standards.
The German firm scored 11 points, the American 9.
The main failing in both evaluations, which were conducted by the Economist Intelligence Unit, was the existence of the other.
Both applicants defined their communities as their own companies and lost points because “.merck” did not uniquely identify all legitimate users of the string.
Both panels marked the applications down for “over-reaching substantially beyond the community” by not including the rival company in its community definition.
The US company also lost a couple of points for failing to come up with a list of registration restrictions.
As neither company has passed CPE, the next step of the ICANN process would have them attempt to resolve the contention set privately. Failing that, they would go to an ICANN last-resort auction.
Another possibility, an increasingly favored choice among CPE losers, would be an interminable series of ICANN process appeals and lawsuits.