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More dirty tricks questions raised in .africa saga

Kevin Murphy, September 2, 2015, Domain Policy

DotConnectAfrica leaned on a former employee and used suspected astroturf in an unsuccessful attempt to have the Kenyan government support its .africa bid, newly published documents reveal.

Evidence to the .africa Independent Review Process case published for the first time by ICANN Monday night shows how DCA CEO Sophia Bekele attempted to secure Kenyan backing via a former chair of its own advisory board, who had gone on to be an adviser for Kenya on the ICANN Governmental Advisory Committee.

Emails suggest that this adviser tried to support DCA, against the wishes of his superiors in the Kenyan government, while they were distracted by a contested presidential election result.

They also show that Bekele on at least two occasions sent “news” stories published on web sites she has links to to another senior Kenyan official.

The full story is not yet on the public record — ICANN is still refusing to un-redact anything that the GAC has deemed confidential, including discussions on the GAC mailing list — but some interesting questions have nevertheless emerged.

Kenya divided

Three sets of emails were published.

One was between Bekele and a newly appointed Kenyan GAC adviser, Sammy Buruchara, dating to the ICANN meeting in Beijing, April 2013.

That was the meeting at which the GAC decided, by consensus, to issue advice to the effect that DCA’s .africa application should be trashed.

If Kenya, or any other single government, had disagreed with that proposed GAC advice, it would not be “consensus” advice and would therefore be substantially weakened when the ICANN board came to consider it.

Until his GAC appointment, Buruchara had been chair of DCA’s Strategic Leadership Advisory Board. DCA press released his move in March 2013.

It’s significant that Buruchara was not Kenya’s GAC voting “representative” — that was Michael Katundu — rather merely an “adviser”.

When Bekele (pictured here with Buruchara, March 7, 2013) was cross-examined during the IRP hearings in May this year, she was asked:

Bekele Buruchara

Q. Are you and he friends?

A. No.

Emails show that Buruchara had forwarded the proposed text of the GAC advice to Bekele, who then suggested three paragraphs of text saying the advice was “inappropriate” because the African Union Commission, as backer of the rival ZACR .africa bid, was a GAC member.

That email was dated April 10 — the Wednesday of the Beijing meeting — as the GAC was preparing its communique for submission to the ICANN board the following day.

It’s not clear from the emails published so far what, if anything, Buruchara did in response.

However, the next day, April 11, it seems his Kenyan government superiors were on his case. Buruchara told Bekele:

The matter has been escalated to our Government in Kenya with false information that I am contradicting the AUC.

I have responded accordingly.

Due to the sensitivity of this matter, I wish to leave it at the level of my previous post to the GAC until the matter settles.

Currently I am expecting a call from the President any time.

Expecting a call from the president was a big deal — Uhuru Kenyatta had been inaugurated just two days earlier following a month-long “hanging chads”-style legal challenge to his March 9 presidential election victory.

Buruchara elaborated in a subsequent email:

Someone from AUC called Ndemo and made a lot of noise to the effect that I have contradicted the Heads of State agreement in Abuja, which is obviously lies.

So Ndemo is beside himself with madness owing to the current transition process.

Anyhow I will try and manage the situation as I have not anywhere contradicted AUC’s position.

The “transition” he refers to is Kenyatta’s transition into government, not the ICANN/IANA transition.

“Ndemo” was actually Bitange Ndemo, then the Kenyan permanent secretary for information and communications, somebody Bekele had been simultaneously lobbying for Kenyan government support.

Buruchara was not in Beijing. The actual GAC rep, Katundu, went along with the GAC consensus against DCA.

In fact, Kenya had already issued a GAC Early Warning (pdf) against DCA, so it was significant that Buruchara was expressing support for the company.

In a second email thread, dated July 8, 2013, Buruchara seems to acknowledge that he aided DCA in some way but suggests that was only possible because of political instability in Kenya:

I am glad to note that DCA application passed all the stages except the GNP [Geographic Names Panel].

As you know I stuck my neck out for DCA inspite of lack of Govt support by Ndemo.

Going forward, I would certainly be ready to support DCA so long as the Kenya Govt is behind me as I do not think I will have the same chances as I had last time which was because the govt was in transition

In these July emails, which came less than a week after DCA’s application was rejected by the ICANN board, Bekele encourages Buruchara to file a challenge on behalf of Kenya, and to try to recruit other friendly governments to its cause.

Nothing ever came of that.

Buruchara’s alleged actions were one of the controversial points argued over in the DCA Independent Review Process case.

Many pages of the relevant evidence and argument related to Buruchara’s actions (or lack thereof) are still redacted by ICANN as “GAC Confidential”, so we don’t have all the facts.

However, the IRP proceedings revealed that Buruchara had emailed the GAC mailing list just before Beijing kicked off with reference to .africa.

According to DCA, Buruchara “explained that Kenya supported the AUC’s application for .AFRICA but did not think it was appropriate for the AUC to utilize the GAC to eliminate competition”.

Complicating matters further, there was a third Kenyan GAC “representative” in the mix, Alice Munyua.

She had been the Kenyan GAC rep, but according to DCA had left the position prior to Beijing. She was also involved in the ZACR application and the AUC .africa project.

The record shows that she spoke strongly against DCA’s application, as Kenyan GAC rep, during a meeting between the ICANN board and GAC in Beijing, April 9.

Buruchara, according to DCA, had told the GAC mailing list that Munyua was no longer a GAC rep and that the Kenyan government did not agree with her position. He was then evidently talked out of his position by other GAC members.

It’s not clear from the record whether Munyua was an authorized Kenyan GAC rep in Beijing or not. Archive.org shows her listed on the GAC’s member list in January 2013 but not May 2013.

It’s all very confusing, in other words.

What we seem to have in Beijing, at the least, is a Kenyan GAC delegation deeply divided and the possibility that one or more delegates tried to capitalize on political distractions back home.

With a partial record, it’s difficult to tell for sure.

.africa belongs to America

What’s more clear from the emails published by ICANN this week is that despite her claims to represent the African people, Bekele on at least two occasions told Kenyan officials that African governments had no right to .africa.

In one email to Ndemo, Bekele asserts that the US, rather than African governments, “owns” .africa. She wrote:

we do not believe that it is the place of African Presidents to give AU any sort of mandate for custodianship over a .africa resource that is owned by ICANN or US… the AU cannot do an RFP that is parallel to the ICANN process to appoint a registry on behalf of Africa as if they “own the resource”, which belongs to ICANN

This is in tune with Bekele’s repeated outreach to the US Congress to intervene in the .africa controversy.

While DCA is based in Mauritius, Bekele has stated in interviews that she’s lived in California for the better part of two decades.

More astroturf?

The newly published emails also show Bekele unsuccessfully lobbying Ndemo for Kenyan government support, in part by sending him links to purportedly independent domain “news” blogs that are widely believed to be under her own control.

In February 2013, Bekele sent Ndemo links to articles published on domainnewsafrica.com and domainingafrica.com.

These two domains were originally registered by Bekele, at her California business address, on November 21, 2011.

The Whois details for both domains disappeared behind Go Daddy’s privacy service on May 12, 2012, records archived by DomainTools show.

Both web sites take strongly pro-DCA views in matters relating to .africa and ICANN. Neither covers African domain name news except to the extent it relates to DCA or .africa.

Given that Bekele has a admitted history of using bogus identities to fake support for DCA, it’s my view that the sites are nothing more than astroturf/sock-puppetry.

domainingafrica.com is the site that accused me of being part of a racial conspiracy.

It’s worrying that this site was also being used to lobby government officials.

It’s perhaps fitting that Bekele’s email signature, in the newly unredacted emails, is “Nobody believes the official spokesman… but everybody trusts an unidentified source.”

All documents in the IRP case of DCA v ICANN, many still significantly redacted, can be found here.

Security faux pas in Nairobi

Kevin Murphy, March 11, 2010, Domain Policy

ICANN committed a diplomatic faux pas in its handling of the security scare before its meeting in Nairobi, according to the Kenyan Government Advisory Committee rep.

“We spent most of the months leading up to the meeting occupied and dealing with issues to do with security and I feel this was to do with badly handled communication,” Alice Munyua of the Communications Commission of Kenya said during a meeting on Tuesday.

“I feel that communicating people’s fears (continue reading)