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Debate as accuser names “sexual harasser”

Kevin Murphy, March 22, 2016, Domain Policy

The woman who says she was sexually harassed at the ICANN meeting in Marrakech earlier this month has controversially named the alleged perpetrator on a public mailing list.

She’s also publicly released documents exchanged between herself and the ICANN Ombudsman, with whom she has made a formal complaint.

According to her complaint the man, a longstanding and often vocal member of the ICANN community “approached me, pulled at my name tag, and passed inappropriate remarks.”

“I felt like my space and safety as a young woman in the ICANN community was at stake,” the complaint says.

No allegations of physical contact have been made, and the content of the “inappropriate remarks” has not been disclosed.

I’m not going to name either party here. They’re “the man” and “the woman” for now.

The woman has said on the mailing list in question that she’s waived her right to confidentiality.

I contacted the man for comment at the weekend and have not yet received a reply.

An email from Ombudsman Chris LaHatte, released by the woman, shows that he has spoken to the man.

The man said he could not recall the incident and LaHatte declined to tell him who his accuser was, for confidentiality reasons, the email says.

The release of the documents has sparked discussion on the mailing list and social media about whether publicly naming the man was the most appropriate course of action.

Inevitably, there’s also been some discussion about what constitutes sexual harassment.

The woman said she had already been engaged with LaHatte about the possibility of ICANN creating a sexual harassment policy, and that “this incident pushed me to take forward what had hitherto been a mere academic interest with increased vigour”.

She said in a released email predating Marrakech that during ICANN 54 last year, her first ICANN meeting, “I personally felt as though a few inappropriate remarks were made by certain male co attendees”.

When the woman initially made her allegations at the ICANN public forum, ICANN director Markus Kummer said the board had asked ICANN staff to look at possibly adjusting the longstanding Expected Standards Of Behavior to more specifically address sexual harassment.

“We clearly do not condone improper conduct of any kind such as harassment or otherwise and there should be zero tolerance for it within the community,” he said during the public forum.

Three new ICANN directors started today

Kevin Murphy, October 22, 2015, Domain Policy

A former Dutch politician, a cable company VP and a Latin American ccTLD manager joined the ICANN board of directors today.

The three new directors took their seats at the conclusion of the ICANN 54 public meeting in Dublin.

Two were Nominating Committee appointees, the third was selected by the Address Supporting Organization to replace six-year veteran Ray Plzak.

Lousewies van der Laan is possibly the highest-profile new director.

She is a former politician who has sat as a member of both Dutch national and European parliaments.

She was a member of the super liberal D66 party in the Netherlands, briefly leading whilst it was part of a governing coalition before a leadership vote defeat and her subsequent retirement from politics in 2006.

Wikipedia has her as a former party spokesperson for “foreign policy, higher education, justice, technology, European affairs and gay rights”

Since then, she has spent time as chief of staff of the president of the International Criminal Court and an independent public affairs consultant.

She’s the second former MEP to sit on the current ICANN board, after German Facebook lobbyist Erika Mann.

The other NomCom appointee is Rafael “Lito” Ibarra, who runs SVNet, the ccTLD manager for El Salvador’s .sv domain.

According to ICANN, he is known as the “father of the Internet” in El Salvador, due to his contributions over the last couple of decades.

He seems to have received the .sv delegation from Jon Postel himself, in the pre-ICANN days.

He’s also on the board of LACNIC, the Latin American IP address registry.

The ASO appointee is Ron da Silva, VP of network engineering at US cable giant Time Warner Cable.

His previous employers include AOL and Sprint. He’s also been chair of ARIN’s advisory council.

The NomCom also reappointed incumbent George Sadowsky, who already has six years of ICANN board service under his belt.

The other two departing directors were Wolfang Kleinwachter and Gonzalo Navarro.

Why did the GNSO fail to pick a new leader?

Kevin Murphy, October 22, 2015, Domain Policy

Political infighting between sections of the Generic Names Supporting Organization seems to be responsible for the GNSO Council’s failure to elect a new chair yesterday.

Rumor has it that Contracted Parties House pick James Bladel, a VP at Go Daddy, only lost because of ructions in the Non-Contracted Parties House.

I stress these are just rumors — nobody with any first-hand knowledge of the situation was prepared to go on-record with me today — but they come from multiple sources.

As I reported earlier today, Bladel failed to secure the support of over 60% of the NCPH — the threshold to be elected chair — despite having the unanimous support of the CPH.

Roughly 47% of the NCPH chose to vote for “none of the above” instead, resulting in the GNSO Council now lacking a chair.

But I gather that this was not a diss against Bladel, his employer, or the CPH per se.

Rather, the story I’m hearing is that some councilors gave an empty chair their votes as a result of disagreements between the commercial and non-commercial sides of the NCPH.

Some say a deal had been made under which NCPH candidate Heather Forrest would receive at least 60% of the vote in round one, but some voters reneged on the deal, meaning she was knocked out of the running.

I don’t know if that’s true or not, but what it implies is that some votes that would have otherwise gone to Bladel in round two of voting were withheld, essentially out of spite.

Bladel only needed one additional NCPH vote to hit his 60%.

If this sounds like childish bickering, you may be right, but it wouldn’t be the first time a GNSO constituency has disrupted the council in order to make a point.

The last time that happened to a significant degree was over three years ago, when non-commercial users exploited a timing issue to protest new rights protection mechanisms for the Olympics, risking the new gTLD program timeline.

That led some at the time to predict the “death” of the GNSO.

That’s not happening this time. If anything, the wagons are circling.

Hastily reappointed council vice chair Volker Greimann, who became de facto chair at least for today, described the current situation as “business as usual” today, pointing out that ICANN bylaws envisaged and accounted for this kind of power vacuum.

The next vote on the chair’s position will take place at least a month from now.

Go Daddy veep loses ICANN election to “none of the above”

Kevin Murphy, October 22, 2015, Domain Policy

ICANN’s multistakeholder GNSO Council has been left embarrassingly rudderless after its members failed to elect a new chair.

The unprecedented result saw Go Daddy VP of policy James Bladel lose an election to “none of the above” yesterday.

Under GNSO rules, there are two candidates for chair. One is nominated by the Contracted Parties House (registries and registrars), the other by the Non-Contracted Parties House (intellectual property interests, ISPs, non-commercial users etc).

Bladel was the CPH candidate. He stood against Australian academic Heather Forrest, on the council representing the Intellectual Property Constituency.

To get elected, a candidate must get 60% of the vote from both houses.

In the first round of voting, conducted via secret ballot, Bladel won 100% of the CPH vote and 47% of the NCPH vote.

Forrest was then eliminated for the second round, which meant Bladel proceeded to a second round of voting: him against “none of the above”.

Council members took 15 minutes out to discuss among themselves what to do.

When they returned, Bladel’s CPH support remained unchanged, but he had only managed to get 53.85% of the NCPH vote.

If my calculations are correct, Bladel essentially missed the 60% threshold by a single vote.

That means the GNSO Council no longer has a chair.

The interregnum will last at least a month.

Each house now has until November 5 to make new nominations. The election will then be re-run “no sooner than 30 days” from yesterday.

In the meantime, the two vice chairs are running the show. The CPH said its current vice chair Volker Greiman will remain in the role while a new chair is being elected. The NCPH has not yet appointed a vice chair.

This morning, the CPH issued a statement that read in part:

Like many in the GNSO Community, the Contracted Party House is disappointed in the unprecedented outcome of the Council election. It is particularly unfortunate that this scenario occurred at a time when ICANN is in the global spotlight.

Throughout the election process, the common theme has been an agreement amongst all Councilors that either candidate would have made a competent and effective GNSO Chair. However, the qualifications of both candidates were ultimately disregarded.

In recent history, GNSO chairs have been drawn from the registries and registrars.

Since 2009, the chairs have been Jonathan Robinson (Afilias), Stephane Van Gelder (then Group NBT, a registrar), Chuck Gomes (Verisign).

This trend did not escape the notice of GNSO members, who quizzed Bladel and Forrest on Sunday on whether they would be able to give fair treatment to both houses on the Council.

Both candidates gave gracious responses. Bladel said:”The chair does not get extra votes when it comes to decisions. The chair does not have his votes taken away; his or her votes taken away. So really this is a question of optics.”

Should brands get a new gTLD round to themselves? Twitter thinks so

Kevin Murphy, October 20, 2015, Domain Policy

Twitter wants to get its hands on some new gTLDs but doesn’t want to wait.

Having missed the first round of new gTLD applications back in 2012, the company is now keen on getting .twitter and other strings both branded and generic.

“We’re interest in round two,” Twitter trademark counsel Stephen Coates said as ICANN’s business constituencies met the board of directors today.

“We have several interesting opportunities to develop around that space,” he said. “We are interested in both brands and generics.”

The problem for Twitter, and every other would-be gTLD applicant, is that ICANN isn’t even talking in broad terms about when the next round will be.

The absolute minimum that must happen is that ICANN must complete a review of round one, focusing on “Competition, Consumer Trust and Consumer Choice”. This CCT review is mandated by ICANN’s Affirmation of Commitments with the US government.

Almost three years after the first round opened, the volunteer team that will carry out the CCT review has not even been assembled yet.

There are a number of other factors that may or may not wind up on the critical path — such as reviews of rights protection mechanisms and security and stability at the DNS root.

Coates said he would like a “bifurcated” review process leading to two separate second application rounds.

“I would advocate for bifurcating the review process, which I think is very important, especially around RPMs,” he said. “But also bifurcating the round process, treating dot-brands differently than generic names.”

I think this outcome is unlikely.

Application rules that give preference to one type of application over another invite exploitation. It happened in the 2003 sponsored TLD round and it’s happening with “community” and “Specification 13” applications in the current round too.