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GAC spinning up new gTLD curveball at ICANN 79?

Kevin Murphy, March 3, 2024, 22:45:40 (UTC), Domain Policy

ICANN’s Governmental Advisory Committee had a habit of throwing delaying curveballs before and during the 2012 new gTLD application round, and it might be planning a repeat performance before the upcoming 2026 round.

The GAC today assembled at ICANN 79 in Puerto Rico to discuss the latest developments in planning for the next round, and a major concern emerged around ICANN’s response to its request for a cost/benefit analysis.

The GAC had first asked for such an analysis at the Helsinki meeting in 2016, but after the ICANN 78 Hamburg meeting last October noted that it had still not received one.

At ICANN 56, the GAC had asked that an “objective and independent analysis of costs and benefits… drawing on experience with and outcomes from the recent round” should be a prerequisite for a next round going ahead.

After its Hamburg reminder, ICANN threw together a summary (pdf) of three existing documents that it presumably hoped would check that box and shush the GAC or give the GAC an excuse to shush itself.

The documents were the report of the Competition and Consumer Trust Review Team, the Subsequent Procedures PDP Working Group Final Report (which created the policy recommendations for the next round) and ICANN’s Operational Design Assessment of SubPro (which talked about how ICANN would implement those recommendations).

It was a pretty flimsy response, and GACers weren’t buying it, pointing out today that the three documents in question were all produced by the ICANN community or ICANN staff and couldn’t really be said to be “objective and independent”. Nor could they be said to amount to an “analysis of costs and benefits”.

“I had the pleasure to read through the report, and see whether it’s a cost/benefit analysis, and whether it’s an objective and independent analysis,” the GAC rep from Denmark said. “And I must say that my answer or reply to those questions would be no, and a big no.”

Other GAC members in Europe and North America seemed to agree that either the cost/benefit analysis they had asked for still hadn’t been delivered and that perhaps it wouldn’t be great for the GAC’s credibility if it didn’t press the issue.

The UK rep, who was chairing the session, observed that GAC members’ higher-uppers in government, such as ministers, sometimes ask what economic impact gTLD expansion might have and that an answer might be useful.

The contrarian opinion came, as it so often does, from Iran, whose rep suggested that a cost/benefit analysis might be pointless and maybe the GAC should just put the issue to bed.

What happens if the analysis shows the costs outweigh the benefits, he asked, should ICANN just scrap the next application round and 13 years of policy work?

It seems a request for ICANN to pay for an independent cost/benefit analysis of the new gTLD program could make its way into the GAC’s formal advice-delivering communique later in the week, potentially throwing friction into the roll-out of the next round.

In my opinion, there is no real answer to the question of whether the new gTLD program is a net benefit.

Beyond the billions of dollars of economic activity that will be created, whether it’s beneficial is purely a subjective opinion, and paying a bunch of overpriced consultants to wave their hands in the air for a year before spitting out the 300-page PDF equivalent of a Gallic Shrug probably won’t provide any meaningful clarity.

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