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Another ICANN director mysteriously quits

Kevin Murphy, October 20, 2014, Domain Policy

ICANN director Olga Madruga-Forti unexpectedly quit the board last week.

ICANN did not give an explanation for her sudden departure, which came toward the end of the ICANN 51 public meeting in Los Angeles.

The Argentinian telco lawyer’s resignation means she will miss the third and final year of her appointed three-year term.

Her decision comes almost exactly a year after Filipino entrepreneur Judith Vazquez also quit, again with no reason given, two years into her own three-year term.

This possible coincidence has led to speculation that the ICANN board has an “aggressively male culture”, whatever that means.

Both Madruga-Forti and Vazquez were selected by the Nominating Committee, which has guidelines obliging it to try to maintain a healthy gender balance on the ICANN board.

I’m not sure whether Madruga-Forti’s resignation supports or challenges my previously stated view that pro-female gender discrimination by NomCom is of questionable value.

On the one hand, NomCom has for two years in a row selected candidates — partly on the basis of their gender and geographic origins — that didn’t make it through a full term.

On the other hand, if the male-heavy gender balance on the board is to blame for these resignations, perhaps a bit of enforced balancing may help maintain a stable board in future.

It’s a tricky one.

Currently, only four of the (currently) 20-member board are female. Three have voting rights. Of those three, two were selected by NomCom. The third was elected by the At-Large.

Two of them have been on the board for less than a week, having been selected or elected for terms beginning last Thursday.

It seems likely that Madruga-Forti’s permanent replacement will turn out to be female. Just a hunch.

What do you think? Is ICANN too blokey? How important should gender balance be on the ICANN board?

EU IDN not banned after all

Kevin Murphy, October 20, 2014, Domain Policy

The European Union request for the Greek-script ccTLD .ευ has not been thrown out, according to ICANN.

Last week DI reported that .ευ was the only one of three IDN ccTLD requests — the other two being Bulgaria’s .бг and Greece’s .ελ — to fail a test for confusing similarity on appeal.

.ευ was found to be confusingly similar to .EY and .EU, but only when in upper case.

The similarity panel’s decision would mean, I reported, that .бг and .ελ would be delegated but .ευ would not, under ICANN rules.

I wondered aloud what the Governmental Advisory Committee would think about that, given that it had lobbied for the creation of the appeals process in order to get an earlier rejection of .ευ overturned.

Shortly after publishing the article, ICANN reached out to say I was wrong and ask for a correction.

“We (ICANN) have not rejected the .ευ application,” a spokesperson said.

“Due to the unprecedented nature of the split results, the issue needs to be discussed at the senior management and Board level before a final decision is made,” he said.

The “split results” refers to the fact that there was found to be no confusing similarity with .ευ in lower case.

However, the ICANN rule I referred to says (which my emphasis):

The rule is that if the appearance of the selected string, in upper or lower case, in common fonts in small sizes at typical screen resolutions, is sufficiently close to one or more other strings, it is probable that a reasonable Internet user who is unfamiliar with the script perceives the strings to be the same or confuses one for the other.

That’s adapted almost verbatim from the original recommendations of the ccNSO. The only addition ICANN made was to add the clearly important clause “in upper or lower case” to the text.

It seemed pretty straightforward to me — confusing similarity exists regardless of case.

I pointed this out to ICANN last Wednesday and asked where I could find the rule that said the ICANN board or staff get to review a “split results” finding but have yet to receive a reply.

Two new gTLD confusion decisions thrown out

Kevin Murphy, October 15, 2014, Domain Policy

ICANN has reopened the contention sets for .cam and .通販 after deciding that two String Confusion Objection panels may have been wrong to reject certain applications.

Two rulings — that .cam is confusingly similar to .com and that .通販 is confusingly similar to .shop (really) — will now head to an appeals panel for a “final” determination.

The decision was made by the ICANN board’s New gTLD Program Committee this week at the ICANN 51 public meeting in Los Angeles.

The first case being reopened for scrutiny is Verisign versus Rightside, where the original SCO panel found that .cam and .com were too similar to coexist on the internet.

But a different panelist found that the two strings were not confusingly similar in objections filed by Verisign against two other applicants — Dot Agency and AC Webconnecting.

The opposing rulings meant that Rightside’s application would have been kicked out of the .cam contention set, which hardly seems fair.

This and many other “perceived inconsistencies” led to the ICANN board being pressured to come up with some kind of appeals process, which it agreed to do in February.

Verisign, unfairly in my view, was not given the opportunity to appeal the two .cam decisions that went against it, even though they were made by the same panelist for the same reasons.

The second, altogether more peculiar, case was .shop applicant Commercial Connect versus .通販 applicant Amazon.

The panelist in that case seemed to have checked his brain at the door that day, concluding that the two strings are confusingly similar simply because 通販 means “online shopping” in Japanese.

Another panelist, in a different case also involving Commercial Connect, had found that .购物 (Chinese for “shopping”) was not confusingly similar to .shop because duh.

ICANN’s NGPC has now decided that the two controversial decisions are “not being in the best interest of the New gTLD Program and the Internet community”.

Both .cam and .通販 will now be referred to a three-person panel at the International Center for Dispute Resolution, the same body that processed the original objections, for a final determination.

Bulgaria and Greece win IDN ccTLDs on appeal

Kevin Murphy, October 15, 2014, Domain Policy

Campaigns in Bulgaria and Greece to get ICANN to un-reject their Cyrillic and Greek-script ccTLD requests have proven successful.

The first decisions handed down by ICANN’s new Extended Process Similarity Review Panel this week said Bulgaria’s .бг and Greece’s .ελ are not “confusingly similar” to other ccTLDs after all.

However, a third appeal by the European Union over the Greek .ευ was rejected on the grounds that the string is too confusingly similar to .EV and .EY when in upper case.

Confusing strings should not be delegated, under ICANN rules, due to the risk of exacerbating the prevalence of security risks such as phishing attacks.

Bulgaria’s initial request for .бг was turned down in 2010 after a panel found it looks too similar to Brazil’s existing ccTLD, .br.

Greece’s bid for .ελ had been blocked for looking too much like .EA, a non-existent ccTLD that could be delegated to a new country in future.

While the initial panel’s process was pretty opaque, the newly published “extended” reviews appear to have employed a fairly scientific methodology to determine similarity.

Twenty American undergraduate student volunteers were shown pairs of strings briefly on screens designed to simulate web browsing. They then had to pick out which one they’d seen.

The volunteers were also shown pairs of similar-looking Latin-script ccTLDs that already exist, in order to establish a baseline for what should be considered an acceptable level of confusability.

The Greek and Bulgarian strings were both found to be less confusing than existing pairs of Latin-script ccTLDs and were therefore given the thumbs-up. The EU string flunked in upper case.

Under ICANN’s rules, it appears that .бг and .ελ can now proceed to delegation, while .ευ has been forever rejected.

The three reports can be downloaded here.

It will be interesting to see how the ICANN Governmental Advisory Committee will react to this.

It was pressure from the GAC — driven by the European Commission and Greece — back in 2012 that forced ICANN into creating the appeals process.

At ICANN’s meeting in Prague that year, the GAC said:

The GAC is of the view that decisions may have erred on the too-conservative side, in effect applying a more stringent test of confusability between Latin and non-Latin scripts than when undertaking a side by side comparison of Latin strings.

Now the EU seems to have been told that it still can’t have its requested ccTLD, and the standard applied was exactly the same standard as applies to Latin ccTLDs.

Will the GAC accept this determination, or stomp its feet?

GAC elects Swiss rep as new chair

Kevin Murphy, October 14, 2014, Domain Policy

ICANN’s Governmental Advisory Committee has elected Thomas Schneider of the Swiss government as its new chair.

The unprecedented, one-nation-one-vote secret ballot election at the ICANN 51 public meeting in Los Angeles today saw Schneider beat Lebanon’s Imad Hoballah by 61 votes to 37.

He will take over from Canadian incumbent Heather Dryden at the end of the week.

Schneider is deputy head of international affairs at the Swiss Federal Office of Communications (Ofcom).

He currently serves as one of the GAC’s three vice chairs.

The election was overseen by the Australian Continuous Improvement Group, which provides the GAC with ICANN-independent secretariat services.