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Iran rep reported to ICANN Ombudsman, again

Kevin Murphy, August 3, 2017, Domain Policy

Iran’s Governmental Advisory Committee representative has found himself reported to ICANN’s Ombudsman for alleged bad behavior for the second time in just a few months.

Outspoken GACer Kavouss Arasteh was referred to Ombudsman Herb Waye by consultant John Laprise, according to posts on mailing lists and social media.

Both men serve on an ICANN volunteer working group that is looking at matters related to the jurisdiction in which ICANN operates.

The group’s discussions have recently become extremely fractious, largely due to a series of combative emails and teleconference interventions from Arasteh.

Laprise eventually said on the list that Arasteh was being a “bad actor”, adding that “his tone, manner, and insinuations are detrimental and indeed hostile to the process.”

He later said on Facebook that he had reported the matter to the Ombudsman.

The spat centered on an August 1 teleconference in which members of the so-called WS2-Jurisdiction working group heard a briefing from ICANN lawyers on the Office of Foreign Assets Control, which oversees international trade sanctions in the US.

As well as enforcing sanctions against countries including Iran, OFAC maintains a list of people and organizations, many of them Iranian, that American companies are forbidden from doing business with.

It impacts ICANN because the organization in its normal course of business is often obliged to deal with ccTLD registries in sanctioned nations, for which it needs to apply for OFAC licenses.

Arasteh initially complained multiple times that the meeting had been rescheduled for August 1 — apparently with his initial consent — which is a national holiday in his home nation of Switzerland.

He also fought for ICANN lawyers to be asked to provide, at very short notice, a written briefing paper on OFAC, answering the group’s questions, prior to the teleconference taking place.

On neither issue did he receive support from fellow volunteers, something for which he seemed to blame group chair Greg Shatan, an intellectual property lawyer.

Arasteh’s criticisms of an increasingly weary Shatan sometimes seemed to border on conspiracy theory. All other working group members who publicly expressed an opinion said Shatan was doing a fine job herding this particular set of cats.

During the teleconference itself, Arasteh ate up the first five or six minutes of allotted time with a rambling, barely comprehensible complaint about the format of the meeting, compelling Shatan to eventually ask for his mic to be cut off.

In emails over the next 48 hours, the GAC rep continued his tirade against what he perceives as Shatan’s bias against him and called again for ICANN legal to provide a formal set of written answers to questions.

Some fellow group members believe Arasteh’s defensive and confrontational approach is merely a clash of cultures between his usual style of government diplomacy and the staid, tediously polite style of ICANN working group interactions.

Others are less charitable.

Still, the question of whether the latest WG friction has infringed any of ICANN’s “Expected Standards of Behavior” now appears to be in the hands of the Ombudsman.

Arasteh was also reported to Waye back in May, when he accused the chairs of a different ICANN working group of trying to exclude governmental voices from new gTLD policy-making by scheduling teleconferences at times he found inconvenient.

Waye subsequently reported that the complaint had been resolved between the parties.

In June, he said he was proactively monitoring a third working group mailing list after receiving allegations of harassment. That was unrelated to Iran.

Ombudsman steps in after harassment claims in Whois group

Kevin Murphy, June 16, 2017, Domain Policy

ICANN Ombudsman Herb Waye has started monitoring an ICANN mailing list after multiple complaints of disrespectful behavior.

Waye this week told participants in the Registration Data Services working group that he is to trawl through their list archives and proactively monitor the group following “multiple complaints regarding behavior that contravenes the ICANN Expected Standards of Behavior and possibly the Community Anti-Harassment Policy”.

The RDS working group is exploring the possibility of replacing the current Whois system, in which all data is completely open, with something “gated”, restricting access to authenticated individuals based on their role.

Law enforcement agencies, for example, may be able to get a greater level of access to personal contact information than schmucks like me and you.

Privacy advocates are in favor of giving registrants more control over their data, while anti-abuse researchers hate anything that will limit their ability to stop spam, phishing and the like.

It’s controversial stuff, and arguments on the RDS WG list have been been very heated recently, sometimes spilling over into ad hominem attacks.

The Expected Standards of Behavior requires all ICANN community members to treat each other with civility.

I haven’t seen anything especially egregious, but apparently the disrespect on display has been sufficiently upsetting that the Ombudsman has had to step in.

It’s the first time, that I’m aware of, that the ICANN Ombudsman has proactively monitored a list rather than simply responding to complaints.

Waye said that he plans to deliver his verdict before ICANN 59, which kicks off in a little over a week.

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.

ICANN Ombudsman let go as role comes up for review

Kevin Murphy, June 29, 2016, Domain Policy

ICANN’s Ombudsman, Chris LaHatte, has been told his services are no longer needed.

His current contract expires July 27, but he’s been informed that it will not be renewed.

No reason has been given for the move.

Herb Waye, who took the role on an interim basis in 2011 after the departure of former Ombusdman Frank Fowlie, will step in again while ICANN looks for a permanent replacement.

LaHatte will continue on as an adviser during the transition.

The decision to replace LaHatte comes as the ICANN community begins on so-called Work Stream 2 of the IANA transition process, which includes a review of the role of the Ombudsman in ICANN’s power structure.

The Ombudsman’s job is currently to adjudicate on matters of fairness in ICANN’s activities.

He or she reports to the board and any advice given is non-binding.

ICANN pimps new sexual harassment rules

Kevin Murphy, May 17, 2016, Domain Policy

ICANN has proposed new anti-harassment guidelines for its community that would ban “unwelcome hostile or intimidating behavior”.

It wants your comments on the changes to its longstanding “Expected Standards of Behavior” document, which applies to both its in-person meetings and online discussions and mailing lists.

The proposed addition to the document reads like this:

Respect all members of the ICANN community equally and behave according to professional standards and demonstrate appropriate behavior. ICANN strives to create and maintain an environment in which people of many different backgrounds and cultures are treated with dignity, decency, and respect. Specifically, participants in the ICANN process must not engage in any type of harassment. Generally, harassment is considered unwelcome hostile or intimidating behavior — in particular, speech or behavior that is sexually aggressive or intimidates based on attributes such as race, gender, ethnicity, religion, age, color, national origin, ancestry, disability or medical condition, sexual orientation, or gender identity.

The definition of harassment has been borrowed almost directly from the Internet Engineering Task Force’s policy on harassment, which was signed off in 2013.

ICANN has added the words “ethnicity” and “medical condition” to the IETF’s list of protected characteristics, but has not included the IETF’s list of examples:

the use of offensive language or sexual imagery in public presentations and displays, degrading verbal comments, deliberate intimidation, stalking, harassing photography or recording, inappropriate physical contact, and unwelcome sexual attention.

The changes were prompted by a recent allegation of sexual harassment at an ICANN meeting which divided the community on whether the alleged incident amounted to sexual harassment or not.

ICANN’s Ombudsman, Chris LaHatte, concluded that whatever took place “cannot be considered serious”, but he did not make a formal finding.

LaHatte has already endorsed the proposed change to the expected standards document.

It does not seem unreasonable to me, at first glance, either.

What do you think? ICANN has opened a public comment period that closes June 25, to find out.