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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.

Fight as ICANN “backtracks” on piracy policing

Kevin Murphy, July 1, 2016, Domain Policy

ICANN has clarified that it will not terminate new gTLD registries that have piracy web sites in their zones, potentially inflaming an ongoing fight between domain companies and intellectual property interests.

This week’s ICANN 56 policy meeting in Helsinki saw registries and the Intellectual Property Constituency clash over whether an ICANN rule means that registries breach their contract if they don’t suspend piracy domains.

Both sides have different interpretation of the rule, found in the so-called “Public Interest Commitments” or PICs that can be found in Specification 11 of every new gTLD Registry Agreement.

But ICANN chair Steve Crocker, in a letter to the IPC last night, seemed to side strongly with the registries’ interpretation.

Spec 11 states, among other things, that:

Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name.

A literal reading of this, and the reading favored by registries, is that all registries have to do to be in compliance is to include the piracy prohibitions in their Registry-Registrar Agreement, essentially passing off responsibility for piracy to registrars (which in turn pass of responsibility to registrants).

Registries believe that the phrase “consistent with applicable law and related procedures” means they only have to suspend a domain name when they receive a court order.

Members of the IPC, on the other hand, say this reading is ridiculous.

“We don’t know what this clause means,” Marc Trachtenberg of the IPC said during a session in Helsinki on Tuesday. “It’s got to mean something. It can’t just mean you have to put a provision into a contract, that’s pointless.”

“To put a provision into a contract that you’re not going to enforce, has no meaning,” he added. “And to have a clause that a registry operator or registrar has to comply with a court order, that’s meaningless also. Clearly a registry operator has to comply with a court order.”

Some IPC members think ICANN has “backtracked” by introducing the PICs concept then failing to enforce it.

IPC members in general believe that registries are supposed to not only require their registrars to ban piracy sites, but also to suspend piracy domains when they’re told about them.

Registries including Donuts have started doing this recently on a voluntary basis with partners such as the Motion Picture Association of America, but believe that ICANN should not be in the business of content policing.

“[Spec 11] doesn’t say what some members of the IPC think it says,” Donuts VP Jon Nevett said during the Helsinki session. “To say we’re in blatant violation of that PIC and that ICANN is not enforcing that PIC is problematic.”

The fight kicked off face-to-face in Helsinki, but it has been happening behind the scenes for several months.

The IPC got mad back in February when Crocker, responding to Governmental Advisory Committee concerns about intellectual property abuse, said the issue “appears to be outside of our mandate” (pdf).

That’s a reference to ICANN’s strengthening resolve that it is not and should not be the internet’s “content police”.

In April (pdf) and June (pdf) letters, IPC president Greg Shatan and the Coalition for Online Accountability’s Steve Metalitz called on Crocker to clarify this statement.

Last night, he did, and the clarification is unlikely to make the IPC happy.

Crocker wrote (pdf):

ICANN will bring enforcement actions against Registries that fail to include the required prohibitions and reservations in its end-user agreements and against Registrars that fail to main the required abuse point of contact…

This does not mean, however, that ICANN is required or qualified to make factual and legal determinations as to whether a Registered Name Holder or website operator is violating applicable laws and governmental regulations, and to assess what would constitute an appropriate remedy in any particular situation.

This seems pretty clear — new gTLD registries are not going to be held accountable for domains used for content piracy.

The debate may not be over however.

During Helsinki there was a smaller, semi-private (recorded but not webcast live) meeting of the some registries, IPC and GAC members, hosted by ICANN board member Bruce Tonkin, which evidently concluded that more discussion is needed to reach a common understanding of just what the hell these PICs mean.

Helsinki tipped as next ICANN venue

Kevin Murphy, March 9, 2016, Domain Policy

ICANN is expected to be heading to Helsinki, Finland, for its next meeting.

Director Chris Disspain dropped the name of the host city during a session at the ICANN 55 meeting in Marrakech, Morocco, today.

Apparently it’s common knowledge among attendees that the Finnish capital is being lined up as a replacement for the original ICANN 56 venue, Panama City.

Panama was cancelled due to fears about the baby-deforming Zika virus, which is running rampant in South and Central America right now.

There’s no word yet on whether ICANN 57, currently planned for San Juan, Puerto Rico in October, is going ahead.

Puerto Rico is reportedly having its own Zika problems right now.

ICANN 56 is scheduled to kick off June 27 this year. Helsinki is expected to be confirmed by the ICANN board in a resolution tomorrow.