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Muslim world still thinks .islam isn’t kosher

Kevin Murphy, April 23, 2018, Domain Policy

The Organization of Islamic Cooperation has repeated its objection to the gTLDs .islam and .halal ever seeing the light of day.

OIC Secretary General Yousef Al-Othaimeen wrote to ICANN earlier this month to declare that its position on the two controversial applications has not changed since it initially objected to them in 2013.

The OIC comprises the foreign ministers from 57 majority-Muslim countries and these ministers recently voted unanimously to re-adopt the 2013 objection, Al-Othaimeen said (pdf).

The group “maintain the position that the new gTLDs with Islamic identity are extremely sensitive in nature as they concern the entire Muslim nature” he wrote.

He reiterated “official opposition of the OIC Member states towards the probable authorization that might allow the use of these gTLDs .islam and .halal by any entity.”

This puts ICANN between a rock an a hard place.

The applicant for both strings, Turkish outfit Asia-Green IT Systems (AGIT), won an Independent Review Process case against ICANN last November.

The IRP panel ruled that ICANN broke its own bylaws when it placed .islam and .halal into permanent limbo — an “On Hold” status pending withdrawal of the applications or OIC approval — in 2014.

ICANN’s board accepted the ruling and bounced the decision on whether to finally approve or reject the bids to its Board Accountability Mechanisms Committee, which is currently mulling over the problem.

Technically, it’s “non-consensus Governmental Advisory Committee advice”, which means the board has some wriggle room to simply accept the advice and reject the applications.

But AGIT’s lawyer disagrees, recently telling ICANN (pdf) its options are to approve the bids or facilitate dialogue towards their approval, rather like ICANN is doing with .amazon right now.

Applicant says .islam ban would damage ICANN

Kevin Murphy, December 23, 2013, Domain Policy

If ICANN decides to reject Asia Green IT’s applications for .islam and .halal it would “be dealing a blow to the new gTLD program’s credibility”, according to AGIT.

The two potential new gTLDs are currently in limbo, awaiting a decision by the ICANN’s board of directors’ New gTLD Program Committee, following stalemate within the Governmental Advisory Committee.

The Organization for Islamic Cooperation has objected to the applications, saying it represents 1.6 billion Muslims and that it’s “concerned” about the potential “misuse” of the names.

Mehdi Abbasnia, managing director of the Turkey-based company, recently wrote to ICANN too (pdf) to ask that ICANN speedily approve its applications, given that two formal OIC-backed Community Objections have already failed.

Abbasnia also wrote to DI on Friday (pdf) to reiterate many of the same points.

The two gTLDs are among only a handful originating it the Muslim world, he said, and the idea is to spur adoption of domain names among all Muslims.

Muslim communities the world over have a lot to gain from seeing their members empowered through namespaces that are better suited to their specific needs, easier for them to relate to and use and respectful of their culture and laws.

As Muslims ourselves, this is what we felt we could bring to our community when we first heard of the new gTLD program: our expertise as a technical enabler of TLDs by Muslims, for Muslims. We are looking to fuel the engine, not drive the car.

He added that AGIT prevailed in the objections filed against it, and the GAC failed to reach a consensus to object.

Some in ICANN circles have used the phrase “taking a second bite at the apple” to characterize attempts to overturn decisions and derail processes. In the case of our applications for .Halal and .Islam, the apple’s been eaten to the core!

The ball is now in the ICANN Board’s court. If it bows to the OIC’s pressure and blocks our TLD applications, not only will Muslims the world over be prevented from claiming their very own space on the Internet, but I believe it will also be dealing a blow to the new gTLD program’s credibility, and to the credibility of ICANN as a multi-stakeholder governance organization.

While I have no opinion on whether the two applications should be approved or not, I disagree with the apple metaphor.

AGIT is in receipt of formal “GAC Advice on New gTLDs” explaining a non-consensus objection. That’s clearly envisaged by the Applicant Guidebook, and there a process for dealing with it: ICANN’s board talks to the GAC to understand the extent of its members’ concerns and then explains itself after it makes a decision one way or the other.

There doesn’t seem to be an abuse of process by the OIC or GAC here, just a very tricky question for the ICANN board to answer.

Islamic states to “officially object” to .islam

Kevin Murphy, December 13, 2013, Domain Policy

The Organization for Islamic Cooperation has decided to “file an official objection to the use of gTLDs .Islam and .Halal”, following a summit of 56 foreign ministers.

In a resolution (pdf) from the OIC’s high-level summit in Guinea this week, the organization also said it will become “an effective member” of ICANN, closely monitoring its work.

As previously reported, ICANN’s Governmental Advisory Committee was unable to reach a consensus to object to .islam and .halal, leaving it to ICANN’s board of directors to decide whether to approve them.

The OIC’s resolution is expected to become an important input to that decision-making process, after GAC chair Heather Dryden asked ICANN to take note of the Guinea meeting’s output.

The resolution also calls for the OIC to investigate how to run its own Islamic gTLDs.

The OIC has of course missed the boat by several months if it wants to file an objection to these gTLDs within the rules of the new gTLD program.

Instead, it’s going to have to hope that its entreaties to the ICANN board will be effective.

ICANN will have to make a call on .islam

Kevin Murphy, December 9, 2013, Domain Policy

ICANN is going to have to decide whether to approve the new gTLDs .islam and .halal, after the Governmental Advisory Committee punted the issue.

GAC chair Heather Dryden told ICANN chair Steve Crocker last week (pdf) that the GAC will not provide ICANN with the clarity it so wanted on the two controversial gTLDs.

“[T]he GAC concluded its discussions on these applications with the advice provided in the Beijing Communiqué,” Dryden said. “Accordingly, no further GAC input on this matter can be expected.”

ICANN is therefore left with the following advice:

The GAC recognizes that Religious terms are sensitive issues. Some GAC members have raised sensitivities on the applications that relate to Islamic terms, specifically .islam and .halal. The GAC members concerned have noted that the applications for .islam and .halal lack community involvement and support. It is the view of these GAC members that these applications should not proceed.

My take on this is that the GAC has provided what is often called a “non-consensus” objection, which I believe triggers one of the vaguest parts of the Applicant Guidebook.

One of the three types of GAC Advice on New gTLDs reads:

The GAC advises ICANN that there are concerns about a particular application “dot-example.” The ICANN Board is expected to enter into dialogue with the GAC to understand the scope of concerns. The ICANN Board is also expected to provide a rationale for its decision.

It seems pretty obvious now that ICANN’s board — nowadays its New gTLD Program Committee — is expected to make a decision whether to accept or reject .islam and .halal.

It would be the first time that ICANN has had to decide whether to reject a gTLD for public policy reasons without the full backing of the GAC in this application round.

It faced a similar conundrum in the 2003 round — albeit using different rules of engagement — when it had to decide the fate of .xxx (which it obviously chose to approve).

The applicant for .islam and .halal is Turkey-based Asia Green IT System.

The Organization for Islamic Cooperation, which claims to represent 1.6 billion Muslims, does not support the bids. It backed two formal Community Objections to the applications, which both failed.

The OIC’s Council of Ministers is meeting this week in Conakry, Guinea, and is expected to come out with some kind of formal statement opposing Islamic-oriented gTLDs that lack support.

The strength of that statement may prove decisive when ICANN comes to consider the issue.

Will ICANN be forced to reject Islamic gTLDs?

Kevin Murphy, November 14, 2013, Domain Policy

The Organisation of Islamic Cooperation has condemned applications for .islam and .halal gTLDs filed by a Turkish company, despite the applicant recently fighting off an OIC-backed objection.

Claiming to represent the world’s 1.6 billion Muslims, the OIC expressed in a November 4 letter to ICANN and its Governmental Advisory Committee:

official opposition of the Member States of the OIC towards probable authorization by the GAC allowing use of these new gTLDs .Islam and .Halal by any entity not representing the collective voice of the Muslim people.

The letter seems to have been sent in response to the GAC’s current stalemate on these two TLDs, which were applied for, uncontested, by Istanbul-based Asia Green IT System.

At the ICANN meeting in Beijing six months ago, the GAC was unable to reach a consensus to object to .islam and .halal, instead merely noting:

Some GAC members have raised sensitivities on the applications that relate to Islamic terms, specifically .islam and .halal. The GAC members concerned have noted that the applications for .islam and .halal lack community involvement and support. It is the view of these GAC members that these applications should not proceed.

As a non-consensus objection, there’s no presumption that the ICANN board of directors should reject the applications.

And it seems that the New gTLD Program Committee, which carries board powers, has been deliberately ignoring the controversy pending the resolution of two formal Community Objections.

The objections were filed by the United Arab Emirates’ Telecommunications Regulatory Authority, the UAE’s ccTLD registry operator, with backing (it claimed) from the OIC.

But the TRA lost both objections, partly because the wishy-washy government-speak OIC letter it submitted in evidence failed to convince International Chamber of Commerce adjudicator Bernardo Cremades that it really did have that OIC support.

Whether the OIC really does object to Asia Green’s bids now seems beyond dispute.

In fact, the organization says it intends to pass a formal resolution containing its position on Islamic gTLDs during its Council of Foreign Ministers meeting in early December.

ICANN chair Steve Crocker has now asked the GAC to provide further guidance before it decides whether to accept or reject the two bids.

Given that a single governmental hold-out in the GAC would be enough to kill any chance of consensus, the OIC may be right to presuppose that the GAC will not fully object.

That would leave ICANN in the tricky position, for the first time in this application round, of having to decide the fate of a gTLD without the cover of a uniform international objection.

Would it reject .islam, opening the door for other gTLDs to be killed off by minority government concerns? Or would it approve the controversial strings, potentially pissing off the Muslim world?

I expect there’s at least one NGPC member — Lebanese-born Christian ICANN CEO Fadi Chehade — who would certainly not relish having to cast a vote on such a resolution.