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Ombudsman trashes ICANN’s rejection of .gay “community”

Kevin Murphy, August 1, 2016, Domain Policy

ICANN’s outgoing Ombudsman fired a parting shot at his former employer last week with a scathing analysis of its rejection of .gay as a community gTLD.

ICANN should reject the decisions of two independent Economist Intelligence Unit panels, which found that Dotgay LLC’s application for .gay did not meet the strict definition of “community” under ICANN rules, LaHatte wrote.

“This is the time to recognise that even if the EIU evaluation did not achieve the appropriate number of points, that the community is real, does need protection and should be supported,” he wrote.

His recommendation appears on his personal blog, dated July 27, the same day his contract with ICANN expired. It has not appeared on the official ICANN Ombudsman blog.

The EIU is responsible for conducting Community Priority Evaluations for applicants who claim to be representing communities.

Its decisions have been unpredictable and to a degree inconsistent, but both times its panels looked at Dotgay’s .gay, they scored the application lower than the 14 out of 16 points required to pass the CPE.

Winning a CPE generally means you get the gTLD in question. Losing means you have to go to auction against competing applicants.

In the case of .gay, the other applicants are Top Level Design, Minds + Machines and Rightside.

Dotgay failed both times because its stated community — which includes straight people — does not match the string “gay”.

Nobody’s ever said that there’s no such thing as a gay community, they’ve just said there’s no such thing as a gay Community (big C) as defined by Dotgay LLC.

LaHatte’s recommendation does not delve into the nitty-gritty of the scoring process, but seems to criticize the system — and the flawed Request for Reconsideration system Dotgay has thrice unsuccessfully invoked — as “inadequate”. He wrote:

The role of the ombudsman is to deal with issues of fairness, and this encompasses issues such as respect for diversity and support for all parts of our community. Sometimes the mechanisms which we have put together to resolve challenges are simply inadequate…

But the issue that I want to emphasise in this recommendation is that it has always been open to ICANN to reject an EIU recommendation, especially when public interest considerations are involved. What is needed is to take a bold approach and demonstrate to the ICANN community, but also much more widely, to the world of Internet users, that ICANN has a commitment to principles of international law (see Article IV of the Bylaws), including human rights, fairness, and transparency.

The board will be very aware of the human rights initiatives undertaken in the light of the IANA transition and the careful evaluation of the accountability processes. But sometimes it is necessary to take a view which evaluates whether the decision taken corresponds with the bylaws and articles of incorporation. That view should be that ICANN supports the gay community and recognises that there is a community which requires protection and recognition, which has been marginalized, threatened and attacked, and which should be considered a genuine community notwithstanding the EIU recommendation.

He’s basically calling on ICANN’s board to cast aside the rules and previous practice in this particular instance and instead make a political statement, in my reading of the recommendation.

I don’t think ICANN will do that.

On a couple of occasions when Dotgay has suffered an ICANN-induced setback in the past, ICANN has put out statements reminding everyone that there will be a .gay, they only question is who runs it.

Because Dotgay filed a community application, it would be obliged to make .gay a restricted space. Its application talks about registrants having to be approved as eligible before they register.

But it also would have the strictest measures in place to address homophobia and harassment — something the other applicants may, but have not formally committed, to implement.

Domain-hopping torrent site seized, founder arrested

Kevin Murphy, July 22, 2016, Domain Policy

A joint US-Polish law enforcement operation has led to the arrest of the alleged owner of the piracy-focused BitTorrent links site KickAssTorrents.

The US Department of Justice announced yesterday that Ukrainian national Artem Vaulin has been arrested in Poland and that it will seek to extradite him to Chicago to face criminal copyright infringement charges.

The site, which has been banned at the ISP level in countries including the UK, provides links to download and share copyrighted works such as movies and music from other BitTorrent users.

But it’s perhaps best known in the domain name industry for regularly jumping from one TLD to another as its domains are terminated by local authorities.

According to the DoJ, it has been seen on kickasstorrents.com, kat.ph (Philippines), kickass.to (Tonga), kickass.so (Somalia) and kat.cr (Costa Rica).

The department said it has seized seven domain names as part of its operation.

According to my records, there are 20 examples of kickasstorrents.example domains in the Alexa one million, all in new gTLDs (though I’ve no idea whether they’re part of the same operation).

The DoJ reckons KAT makes annual revenue of between $12.5 million to $22.3 million from advertising accompanying its links.

Cruz’s ICANN paranoia is now official Republican policy

Kevin Murphy, July 20, 2016, Domain Policy

US Republicans have endorsed hitherto fringe views on the IANA transition as official party policy.

Yesterday delegates at the Republican National Convention approved the party’s 2016 Platform of the party, which “declares the Party’s principles and policies”.

Internet policy takes up just half a page of the 66-page document, but it’s half a page straight out of the paranoid mind of former presidential candidate Senator Ted Cruz.

It talks of the transition of the US government from its involvement in DNS root zone management (what the GOP calls “web names”) as an “abandonment” of internet freedoms to Russia, China and Iran, which are ready to “devour” them.

Here’s the relevant passage in (almost) full.

Protecting Internet Freedom

The survival of the internet as we know it is at risk. Its gravest peril originates in the White House, the current occupant of which has launched a campaign, both at home and internationally, to subjugate it to agents of government. The President… has unilaterally announced America’s abandonment of the international internet by surrendering U.S. control of the root zone of web names [sic] and addresses. He threw the internet to the wolves, and they — Russia, China, Iran, and others — are ready to devour it.

We salute the Congressional Republicans who have legislatively impeded his plans to turn over the Information Freedom Highway to regulators and tyrants. That fight must continue, for its outcome is in doubt. We will consistently support internet policies that allow people and private enterprise to thrive, without providing new and expanded government powers to tax and regulate so that the internet does not become the vehicle for a dramatic expansion of government power.

The internet’s independence is its power. It has unleashed innovation, enabled growth, and inspired freedom more rapidly and extensively than any other technological advance in human history. We will therefore resist any effort to shift control toward governance by international or other intergovernmental organizations. We will ensure that personal data receives full constitutional protection from government overreach. The only way to safeguard or improve these systems is through the private sector. The internet’s free market needs to be free and open to all ideas and competition without the government or service providers picking winners and losers.

Previously, such views had been expressed by just a handful of elected Republicans, notably Cruz, who has introduced a bill to block the IANA transition until Congress passes law specifically allowing it.

The irony in the latest GOP statement is that the transition is actually a transfer of power away from governments (specifically, the US government) into the private sector.

The current plan for a post-US ICANN, which was put together over two years by hundreds of participants mostly from the private sector, would see Governmental Advisory Committee advice carry less weight unless it receives full consensus.

In other words, if Iran, China and Russia want to destroy freedom of speech, they’ll have to persuade over 150 other governments to their cause.

Should that ever happen, a new multi-stakeholder (and in this example, government free) “Empowered Community” would have the power to put a stop to it.

The goal is to have the transition completed shortly after the current IANA contract between ICANN and the US Department of Commerce expires at the end of September.

That’s before the US presidential elections, of course, which take place in November.

How many elephants did ICANN send to Helsinki?

Kevin Murphy, July 18, 2016, Domain Policy

ICANN ships a quite staggering amount of equipment to its thrice-yearly public meetings, equivalent to more than 12 mid-sized cars at the recent Helsinki meeting.

That’s one of the interesting data points in ICANN’s just published “Technical Report” — a 49-page data dump — for ICANN 56.

It’s the second meeting in a row the organization has published such a report, the first for a so-called “Meeting B” or “Policy Forum” which run on a reduced-formality, more focused schedule.

The Helsinki report reveals that 1,436 people showed up in person, compared to 2,273 for March’s Marrakech meeting, which had a normal ICANN meeting agenda.

The attendees were 61% male and 32% female. Another 7% did not disclose their gender. No comparable numbers were published in the Marrakech report.

I’m going to go out on a limb and guess that the Helsinki numbers show not a terrible gender balance as far as tech conferences go. It’s a bit better than you’d expect from anecdotal evidence.

Not many big tech events publish their male/female attendee ratios, but Google has said attendees at this year’s Google IO were 23% female.

Europeans accounted for most of the Helsinki attendees, as you might expect, at 43%. That compared to 20% in Marrakech.

The next largest geographic contingent came from North America — 27%, compared to just 18% in Marrakech.

The big surprise to me is how much equipment ICANN ships out to each of its meetings.

In March, it moved 93 metric tonnes (103 American tons) of kit to Marrakech. About 19 metric tonnes of that was ICANN-owned gear, the rest was hired. That weighs as much as 3.5 African elephants, the report says.

For Helsinki, that was up to 19.7 metric tonnes, more than 12 cars’ worth. Shipped equipment includes stuff like 412 microphones, 73 laptops and 28 printers.

In both reports, ICANN explains the shipments like this:

Much like a touring band, ICANN learned over time that the most cost-effective method of ensuring that meeting participants have a positive experience is to sea freight our own equipment to ICANN meetings. We ship critical equipment, then rent the remaining equipment locally to help promote the economy.

Rock on.

The Helsinki report, which reveals more data than anyone could possibly find useful, can be downloaded as a PDF here.

Web.com policy exec moves to ICANN

Kevin Murphy, July 14, 2016, Domain Policy

Domain industry veteran Jennifer Gore is to become ICANN’s new director of registrar relations.

She takes over the role from Mike Zupke, who I gather is leaving ICANN, from next Monday. She will report to Cyrus Namazi in ICANN’s Global Domains Division.

Gore was most recently senior director of policy at Web.com, a role she held for over five years. Much of her earlier career was spent at Network Solutions and Verisign.

Her move from industry to ICANN means she has had to resign her position on the GNSO Council, where she represented the Registrars Stakeholder Group.

The RrSG will now have to hold an election to find her replacement.