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Over 2,000 attendees for ICANN 73?

Kevin Murphy, August 17, 2021, Domain Policy

Puerto Rico is expecting as many as 2,100 people to show up to ICANN’s public meeting there next year, according to a local report.

A local business publication, NimB, cites Pablo Rodríguez of NIC.pr as saying ICANN 73 could have about 2,100 attendees, bringing as much as $8 million to $10 million to the San Juan economy.

My first thought was that the dollar figure seemed high — it works out to about $5,000 per head — until I realized that most attendees are funded by either ICANN or their company credit cards, and not everyone is as frugal as yours truly.

But then I realized that 2,100 is by far the more surprising number.

Consider that it’s by no means assured that there will be an in-person component to the meeting at all. ICANN is certainly planning for one, but like everyone else the Org is subject to the whims of a microscopic glob of goo.

The plan is for a “hybrid”, a mix of face-to-face and Zoom, with some recognition that there are some parts of the world that will show up with extremely light delegations.

Consider also that the last time ICANN met in San Juan in March, just a couple years ago, the grand total was 1,564 people, 37% of whom hailed from outside the Americas.

With that in mind, 2,100 seems like an incredibly ambitious prediction.

ICANN spills beans on Marby’s million-dollar payday

Kevin Murphy, August 17, 2021, Domain Policy

ICANN appears to have increased its transparency when it comes to executive pay, at least when it comes to the CEO.

Göran Marby was revealed earlier this year to have banked more than $1 million in ICANN’s fiscal 2020, and he received another 5% boost at a board meeting this February.

Six months later, the board of directors has finally approved the minutes of that meeting, and for the first time it actually minutes the meeting, revealing the contents of the discussion and the names of the three dissenting directors.

In the past, minutes of decisions involving pay typically just restate the resolution and rationale with no additional context. They don’t usually even reveal the vote tally.

According to the minutes, there was some debate about the method used to determine how much Marby should be paid.

ICANN’s longstanding policy has to offer executive pay within the “50% and 75% percentile of comparable position salaries” in the general for-profit industries, high-tech industry, and non-profits.

What often bothers ICANN watchers, and bothered some directors in February, is how these three comparable industries are mixed and weighted when figuring out how much an ICANN employee is worth.

If high-tech is given more weight, that would pull in the direction of a higher salary. If non-profits were weighted more, that would pull in the opposite direction.

According to the minutes, Avri Doria raised this issue in February, suggesting that non-profit salaries should be more influential in the mix, when future CEOs are selected.

Chair Maarten Botterman said in the minutes that the blend of comparisons doesn’t really matter all that much because Marby’s compensation is “well below” the percentile threshold ICANN has set itself, regardless of the mix.

The discussion continued:

Nigel Roberts noted that looking at sectors other than non-profit is important because while ICANN might not be a big commercial company, it is certainly in competition with those companies for executive leadership candidates and that he believes ICANN needs to compensate well because of that. Becky Burr similarly noted that it is important to understand from where ICANN is drawing its leadership so that the compensation can be competitive, while also acknowledging that the compensation level under discussion is below the target range.

The problem with these arguments is that Marby was not hired from any of the three sectors ICANN uses for comparison.

While he has a background in tech, he was a telecoms regulator on a government salary in Sweden when he applied for the ICANN gig. He’s being paid more than his predecessors who did come directly from high-tech.

The minutes go on to note that director Ihab Osman pointed out that Marby gets paid more than the secretary-general of the United Nations and the CEO of the American Red Cross.

He wondered aloud whether the skill set of an ICANN CEO is the same as a high-tech CEO, while director Mandla Msimang questioned whether ICANN’s revenue should play a factor in setting compensation.

Osman also noted the potentially poor optics of giving Marby a big pay rise in the midst of a pandemic.

When it came to a vote, Doria, Osman and Msimang all voted against the 5% pay increase, but the remaining 11 directors voted in favor. Marby and Ron Da Silva were not present for the discussion.

ICANN 73 will be “virtual first”

Kevin Murphy, August 6, 2021, Domain Policy

ICANN’s public meeting next March will prioritize online participation, according to chair Maarten Botterman.

Botterman told members of the APAC Space community group this week that ICANN 73 will have “a meaningful ‘virtual first’ hybrid format to support the community’s ongoing priorities, policy advice, and development work”.

APAC Space, you will recall, had written to ICANN to protest the possibility of this October’s ICANN 72 meeting moving to a hybrid model with an in-person component that most Asia-Pacific community members would not be able to take advantage of due to ongoing pandemic-related travel restrictions.

But the ICANN board, in part due to these concerns, decided to keep 72 online-only rather than showing up in Seattle in person, while stating an intention to go hybrid for 73 if “feasible”.

ICANN 73 is due to take place in Puerto Rico, part of the North America region, next March. As a US territory, the venue will be easier to attend for Americans.

Indeed, APAC Space is skeptical about its members ability to attend 73 in person also.

Botterman addressed this, saying:

We appreciate you have similar concerns about holding a hybrid meeting for ICANN73. At this time, relevant experts have a higher level of confidence that the global pandemic situation, in particular vaccination and infection rates, will be much improved by early 2022. While we will continue to closely monitor the situation, our intentions are to hold ICANN73 as a hybrid meeting with an in-person component if it is feasible to do so.

The five online-only meetings ICANN has held since the pandemic hit are generally regarded as being pretty good as far as Zoom meetings go, but there can be no replacement for the corridor conversations, cocktail events and private dinners that face-to-face meetings permit.

Even the ICANN board of directors is affected — due to the annual turnover, some members haven’t even met each other face-to-face in a board context.

Another new gTLD applicant lawyers up on ICANN

Kevin Murphy, July 28, 2021, Domain Policy

Another rejected new gTLD applicant has filed an Independent Review Process complaint against ICANN, claiming the org failed to follow proper procedures on fairness and transparency.

And I think it’s got a pretty good chance of winning.

A Bahrain company called GCCXI has filed the IRP, eight years after its application for .gcc was thrown out by ICANN on the vague advice of its Governmental Advisory Community.

.gcc is for Gulf Cooperation Council, the short-hand English name for the Cooperation Council for the Arab States of the Persian Gulf, a proto-union of six states on the east coast of the Arabian peninsula.

The applicant’s problem is that it’s not affiliated with, nor supported by, the GCC or its member states.

The GAC, in its controversial Beijing communique of April 2013 objected to GCCXI’s application in the same breath and under the same power as it objected to DotConnectAfrica’s .africa bid.

Back then, the GAC was much more secretive than it is today, and did not have to provide a rationale for its advice. Its powers to object to gTLD applications pretty much amounted to a veto.

ICANN dutifully followed the GAC’s advice, throwing out the .gcc application later that year.

The applicant has evidently been trying to get ICANN to change its mind, using the Request for Reconsideration and then Cooperative Engagement Processes, since early 2014. That CEP concluded in May, and GCCXI filed for IRP in June.

Why did the CEP — a form of arbitration designed to avoid expensive IRP complaints and lawsuits — take so long and ultimately fail?

Don’t look to the IRP complaint published by ICANN (pdf) for answers — it’s redacted the whole ruddy lot, a few pages of text, without explanation.

That’s ironic given that a lack of transparency is one of GCCXI’s beefs against the org, along with an alleged failure to follow its bylaws on neutrality and fairness.

ICANN has ignored all of its carefully developed and documented policies, and instead has kowtowed to unspecified government concerns — devising a secret process to kill Claimant’s investment and opportunity, and completely disregarding the public interest in delegating the TLD for use.

The continued fight for a gTLD it surely has no hope of ever operating is a ballsy move by the applicant.

It’s roughly equivalent to some random European company applying to run .eu to represent the geographic region of EU member states without the consent of the EU institutions themselves and then complaining when it’s told to take a walk.

But that doesn’t necessarily mean it will lose the IRP. In fact, I think it has a pretty good chance of winning.

GCCXI does not deserve to prove it should be given .gcc, it only needs to show that ICANN broke its own bylaws.

DotConnectAfrica, which was rejected by the GAC and then ICANN for pretty much the same unsubstantiated reasons — the GAC “veto” — won its IRP in 2015, with the panel finding that ICANN accepted the GAC’s unexplained advice without even rudimentary due diligence, violating its commitment to fairness.

It was particularly embarrassing for the GAC, whose then-chair admitted that the committee deliberately kept its advice vague and open to interpretation

While .africa is not exactly the same as .gcc (the former is officially a geographic string, the latter is not), GCCXI had DCA had their applications rejected based on the exact same piece of GAC advice.

It’s also similar to Amazon’s IRP fight for .amazon, which it won. That bid was also kicked out as a result of ICANN’s adoption of opaque GAC advice from the Beijing communique.

You’ve got to think GCCXI has a decent shot at a victory here, though if recent IRPs and general ICANN foot-dragging on accountability are any guide we won’t know for a couple years.

New gTLD buzz is back again as ICA hosts “second round” webinar

Kevin Murphy, July 20, 2021, Domain Policy

It’s beginning to feel a little like 2011 again.

The Internet Commerce Association today said it will host a Zoom webinar next month to pitch the looming second new gTLD round to prospective applicants.

Moderated by Christa Taylor, the panel features domain industry jacks-of-all-trades Jeff Neuman and Jothan Frakes, and consultant Phil Buckingham. All four know what they’re talking about.

The ICA said the session will cover “an examination of material changes, expected timing and operations within the broader ecosystem will help participants determining whether to pursue a new gTLD for their new entrepreneurial venture, global brand or growing business”.

Expect a lot more of these types of meetings over the next couple of years. The 2012 gold-rush may have disappointed many, but there’s still money to be made in selling shovels, especially to brands.

And the next round is still a ways off.

While policy changes have been approved by the Generic Names Supporting Organization, they need to be approved by the ICANN board of directors before the serious implementation work begins.

The policy won’t be put before the board until ICANN org has completed its Operational Design Phase work, which CEO Göran Marby recently said will take “longer than six months”.

Then there’ll be at least one revision of the Applicant Guidebook open for public comment, as well as the creation of new systems and a global outreach campaign lasting several months before the application window opens.

I’d say we’re looking at an absolute minimum of 18 months between the start of the ODP and the opening of the next application window, and I’m being incredibly generous to ICANN in that estimation.

Still, it doesn’t hurt to start thinking about these things early. The ICA webinar will be at 1800 UTC August 4. You can read more and register for free here.

Nope, no Seattle meeting for ICANN

Kevin Murphy, July 16, 2021, Domain Policy

ICANN’s planned public meeting in Seattle will have no face-to-face component, the board of directors decided yesterday.

In a resolution published last night, the board cited the global vaccine inequity and the ongoing difficulties with international travel and visas during the coronavirus pandemic.

But it added that it plans to go ahead with a hybrid online/in-person meeting for ICANN 73 in San Juan, Puerto Rico next March “if it is feasible to do so”.

The board noted that its last in-person AGM, held in late 2019, saw 68% of its participants come from outside the US, suggesting Seattle would go ahead with a majority of its community members absent.

It added that “it is likely that ICANN72 could be a meeting of in-person attendees from just a couple of regions, which does not serve global participants in ICANN’s multistakeholder model”

While some of the pandemic-related issues may be resolved by October, ICANN had to make the call now to avoid wasting money on a physical meeting it may have had to later cancel.

The results of the board vote have not yet been published. A similar resolution last year saw some directors vote in favor of a return to face-to-face meetings by October 2020.

The resolution states that ICANN org should use the next eight months to ensure the hybrid model planned for San Juan is as effective as possible for those who will still be unable or unwilling to attend in person due to the pandemic.

It adds that smaller regional meetings, where travel restrictions are less irrelevant, could still go ahead this year.

A recent poll showed a majority of community members from all regions were keen to return to in-person meetings for Seattle, but the majority was greater in North America than elsewhere.

A group of participants from the Asia-Pacific region recently wrote to ICANN to state that it was likely that nobody from that region would be able to show up in Seattle.

ICANN 72 will be the sixth consecutive public meeting to be held virtually.

ICANN to hold hybrid meeting in October (not that one)

Kevin Murphy, July 13, 2021, Domain Policy

ICANN said yesterday that is plans to hold a “hybrid” meeting in October with an in-person component.

It’s not the Seattle public meeting ICANN 72 — no decision has been made there yet — but rather the Asia Pacific Internet Governance Academy.

APIGA is basically a set of internet governance training sessions for adult students aged 18 to 35 in the Asia-Pac region, particularly South Korea.

It’s normally held for a week, in-person. But this time it will be spread over a full two months from October 1 with one or two evening sessions held online per week.

At the end, there’ll be a hybrid day, with South Korean participants gathered in person and others Zooming in remotely.

Is this a harbinger of things to come with the Seattle meeting, where there’s already some distress from Asian participants that they probably won’t be able to attend?

I don’t think so. APIGA appears to have been a decision of the ICANN staff, whereas 72 is going to a board vote later this month.

Cambodia looking at new registry overseer

Kevin Murphy, July 13, 2021, Domain Policy

The Cambodian government is reportedly planning to create a new group to oversee its national ccTLD, .kh.

According to The Phnom Penh Post, the local telecommunications ministry is considering legislation that would create KH Network Information Centre.

KHNIC would be modeled on APNIC and combine domain name and IP address management under one roof, the report says.

.kh is currently delegated to Telecommunication Regulator of Cambodia and managed by Telecom Cambodia.

There are reportedly only around 3,000 .kh domains under management. The infrastructure-poor south-east Asian country has about 16.5 million inhabitants but only around 250,000 fixed broadband subscribers.

Will you use SSAD for Whois queries?

Kevin Murphy, July 9, 2021, Domain Policy

ICANN is pinging the community for feedback on proposed Whois reforms that would change how people request access to private registrant data.

The fundamental question is: given everything you know about the proposed System for Standardized Access and Disclosure (SSAD), how likely are you to actually use it?

The SSAD idea was dreamed up by a community working group as the key component of ICANN’s response to privacy laws such as GDPR, and was then approved by the Generic Names Supporting Organization.

But it’s been criticized for not going far enough to grant Whois access to the likes of trademark lawyers, law enforcement and security researchers. Some have called it a glorified ticketing system that will cost far more than the value it provides.

Before the policy is approved by ICANN’s board, it’s going through a new procedure called the ODP, for Operational Design Phase, in which ICANN staff, in coordination with the community, attempt to figure out whether SSAD would be cost-effective, or even implementable.

The questionnaire released today will be an input to the ODP. ICANN says it “will play a critical role in assessing the feasibility and associated risks, costs, and resources required in the potential deployment of SSAD.”

There’s only eight questions, and they mostly relate to the volume of private data requests submitted currently, how often SSAD is expected to be used, and what the barriers to use would be.

ICANN said it’s asking similar questions of registries and registrars directly.

There’s a clear incentive here for the IP and security factions within ICANN to low-ball the amount of usage they reckon SSAD will get, whether that’s their true belief or not, if they want ICANN to strangle the system in its crib.

It’s perhaps noteworthy that the potential user groups the questionnaire identifies do not include domain investors nor the media, both of which have perfectly non-nefarious reasons for wanting greater access to Whois data. This is likely because these communities were not represented on the SSAD working group.

You can find the questionnaire over here. You have until July 22.

“Diversity” warning over ICANN Seattle

Kevin Murphy, July 8, 2021, Domain Policy

ICANN has been told that it risks disenfranchising community members from outside the US if it goes ahead with a return to in-person meetings at ICANN 72 in Seattle this October.

APAC Space, a group comprising participants from the Asia-Pacific region, reckons there’s almost no chance that any of its members will be able to make it to Seattle, due to pandemic restrictions.

The group wrote (pdf):

Like the rest of the community, the APAC Space members are keen to see a return to face-to-face meetings, but we have serious concerns about continued, longterm disenfranchisement if this return is done in an inequitable way. If a hybrid meeting does go ahead in Seattle, we are reasonably confident that there will be minimal, if any, in-person attendance from the APAC region

APAC Space goes on to note that ICANN 73 next March is also scheduled to take place in the same region, in San Juan, Puerto Rico.

The letter continues:

We are concerned that holding a hybrid meeting in which participants from only some regions can participate in-person is not in line with ICANN’s goal to reflect regional and cultural diversity, and risks further disenfranchising regions that are already under-represented within ICANN’s processes.

A recent ICANN survey found that a majority of community members were keen to return to face-to-face meetings. While this was true everywhere, the majority was stronger among North Americans and Europeans.

ICANN’s board of directors is due to make a decision about Seattle later this month.

This article was updated July 9 to clarify authorship of the letter to ICANN.