Ducos a shoo-in for GNSO Council chair

The next chair of ICANN’s GNSO Council will be GoDaddy’s Sebastien Ducos.

Ducos, who manages TLD clients for GoDaddy Registry, will stand unopposed for the role after the GNSO’s Non-Contracted Parties House decided not to field a candidate.

The election, which seems a formality, will take place at the end of ICANN 75, the Org’s Annual General Meeting, in Kuala Lumpur and Zoom next month.

Australian Ducos has been a vice-chair of the Council since the last AGM.

He will replace Philippe Fouquart, an employee of Orange from the NCPH, after his second one-year term ends.

There hasn’t been a contested election for Council chair since 2018.

It’s hustings season at Nominet

Hustings are very much in vogue in the UK right now. Two Conservative politicians have been clouding our airwaves, bickering over who should lead the country, for weeks, and now two candidates to join the board of .uk registry Nominet are following suit.

The London Domain Name Summit, a two-day, free-to-attend domainer conference in London next week, will host a debate between local lads Jim Davies and Kieren McCarthy, two of the three candidates for an opening non-executive director spot on Nominet’s board.

CentralNic lawyer Volker Greimann, the third candidate, who is based in Germany, will not be in attendance.

The debate between reporter McCarthy and IP lawyer Davies will take place next Tuesday at 1600 local time (1500 UTC) and will apparently be live-streamed for people not able to attend in person.

McCarthy, who according to Twitter chatter is a paid-up exhibitor, also gets a solo speaking spot on Monday at 1830 local time. Nominet, not an exhibitor, is hosting an event the same day.

All three candidates are standing for election at a time when Nominet has recently come under new leadership after several years of scandal that cumulated last year in a member coup.

The latest controversy emerged last month when it came out that Nominet blew about $23.5 million on an abortive attempt to get into the security market in the US, something the candidates all hope to address.

According to Nominet, all three candidates have their candidacy statements published in the members area of the web site. Davies and McCarthy have also published commentary on their respective blogs.

Voting opens September 12.

ICANN rushes mystery directors onto board in apparent bylaws breach

ICANN is hurrying two new directors onto its board despite that fact that hardly anybody, apparently including the people who this week gave them the nod, seemed to know who they are.

The Org also seems to have technically breached its bylaws with the timing of the move, which also sees chair Maarten Botterman appointed for another three-year term.

Earlier this week the Empowered Community Administration, which has broad powers to hire and fire directors, submitted ICANN-drafted letters formally approving this year’s Nominating Committee picks — Botterman, Christopher Chapman and Sajidur Rahman.

But I’m told that the ECA, like the rest of us, were not given any information by ICANN about the two newcomers beyond their names and the geographic regions they hail from. They were basically waved onto the board blind, it seems.

Photographs subsequently published on the NomCom web site confirm the two directors’ identities. They’re the former head of the Australian Communications and Media Authority Chris Chapman, and Indonesian venture capitalist Sajid Rahman of MyAsiaVC.

Judging by the ICANN bylaws, approval by the ECA — which comprises one person from each of the ASO, the ccNSO, the GNSO, the ALAC and the GAC — is pretty much just a rubber-stamp. All the due diligence is done by NomCom and the Org.

But the appointments appear to amount to a technical bylaws breach on timing grounds, coming about a month late. The bylaws state:

At least two months before the commencement of each annual meeting, the Nominating Committee shall give the EC Administration (with a copy to the Decisional Participants and Secretary) written notice of its nomination of Directors for seats with terms beginning at the conclusion of the annual meeting, and the EC Administration shall promptly provide the Secretary (with a copy to the Decisional Participants) with written notice of the designation of those Directors.

This year’s AGM will be held in Kuala Lumpur from September 17, with the new directors taking their seats at its conclusion on September 22. So NomCom seems to have missed its “at least two months before” deadline by a month. ECA approval came August 15.

This year’s AGM is a little earlier than usual, which may help explain the problem. They’re usually held in October or November, and there hasn’t been one held in September since 2001.

NomCom also missed the two-month window in 2020, by an even bigger margin, for entirely understandable pandemic-related reasons. It announced its selections just a couple of weeks before the AGM.

ICANN staffing up for next new gTLD round

ICANN has started hiring staff to support the next round of new gTLD applications.

The Org this week posted an ad for a “Policy Development Support Analyst” who will “track generic top-level domain policy proposals and contribute to capacity development in the civil society and noncommercial communities”.

It also appears to be still looking for a “Senior Director, New gTLD Subsequent Procedures”, with an ad first posted in June.

The latter is almost certainly a revolving-door type of opening, where somebody with deep, long-term insight into the industry and ICANN would be the likely hire.

ICANN describes it as a “highly visible role requiring a high degree of organization, leadership experience, management and communications acumen, and subject matter knowledge” where the successful candidate “will provide leadership and direction over multiple tracks of organizational activities toward implementation of a subsequent round of ICANN’s New gTLD (Generic Top-Level Domain) Program”.

The newer, more junior opening appears to have a broader remit, with the focus on non-commercial stakeholder engagement as well as the new gTLD program.

The two jobs are among 35 currently being advertised by ICANN.

Belgium slashes its ICANN funding in “mission creep” protest

DNS Belgium has cut its contribution to ICANN’s budget by two thirds, in protest at ICANN’s “mission creep” and its handling of GDPR.

The Belgian ccTLD registry informed ICANN CFO Xavier Calvez that it will only pay $25,000 this fiscal year, compared to the $75,000 it usually pays.

Registry general manager Philip Du Bois wrote (pdf) that “during recent years there has been a shift in focus which is not in the benefit of ccTLD’s”.

ICANN has become a large corporate structure with a tendency to suffer from “mission creep”… At the same time ICANN seems to fail in dealing in an appropriate way with important issues such as GDPR/privacy. It goes beyond our comprehension that ICANN and its officers don’t feel any reluctancy to “advise” European institutions and national governmental bodies to embrace “standards developed by the multi-stakeholder structures on international level” while at the same time it is obvious that ICANN itself has not yet mastered the implementation of important European legislation.

Based in the heart of the EU, DNS Belgium was a strong proponent of Whois privacy many years before the GDPR came into effect in 2018.

Calvez, in his reply (pdf), acknowledges that ccTLD contributions are voluntary, but seems to insinuate (call me a cynic) that the criticisms are hollow and that the registry might simply be trying to reduce its costs during an economic downturn:

We do appreciate any amount of contribution, and also that the ability for any ccTLD to contribute varies over time, including based on economic circumstances. We do understand that the reduction of DNS Belgium’s contribution from US$75,000 to US$25,000 represents a significant and meaningful reduction of costs for DNS Belgium.

DNS Belgium seems to be doing okay, based on its latest annual financial report. It’s not a huge company, but registrations and revenue have been growing at a slow and steady rate for the last several years.

All ccTLD contributions to ICANN are voluntary, but there are suggested donations based on how many domains a registry has under management, ranging from the $225,000 paid by the likes of the UK registry to the $500 paid by the likes of Pitcairn.

DNS Belgium, which manages about 1.7 million names, falls into the third-highest band, with a $75,000 suggested contribution.

ICANN is budgeting for funding of $152 million in its current FY23.

Diversity takes a hit as NomCom replaces two ICANN directors with newcomers

ICANN will be left with fewer women and Africans on its board of directors following this year’s Nominating Committee selections, after which apparent community newcomers will take seats.

NomCom last night announced that its three picks for the board, due to take or retake their seats at the Annual General Meeting in Kuala Lumpur next month, are Maarten Botterman, Christopher Chapman and Sajidur Rahman.

Botterman is of course the current chair, and his reappointment was surely never in any doubt. He’ll be entering his third and final term at the AGM.

Less is known about the two newcomers. ICANN has so far provided no biographical information about them beyond the geographic region they represent. Botterman is European and both Chapman and Rahman are from Asia-Pacific.

Both new appointees have very common, google-resistant names, and neither appears to have a track record of vocal ICANN community participation.

Chapman, if I had to guess, would be Chris Chapman, the former long-term independent media regulator from Australia. Sajid Rahman is such a common name I don’t think I could confidently make a call on his identity early doors.

What we do know is that they’re both Asia-Pac, and they’re both replacing one-term African directors.

Leaving the board at the AGM will be NomCom’s 2019 picks Mandla Msimang from South Africa and Ihab Osman from Sudan. This means the sole remaining voting African on the board come October will be South African Alan Barrett.

Msimang leaving and being replaced by a man of course changes the gender mix. After the AGM, there will be six women on the 20-seat board, five out of the 16 voting seats.

Note that I’m not analyzing the picks by some subjective “woke” criteria — ICANN has strict rules about geographic representation in its bylaws and every year its board of directors encourages NomCom to consider the gender mix when making its selections.

The bylaws state that each of the five geographic regions must have at least one seat on the board, and that no one region can have more than five directors.

That said, ICANN doesn’t make it easy to figure out which directors hail from which regions. There’s no published breakdown that I’m aware of and many directors have multiple citizenships and/or are long-term residents of nations outside their birth region.

Two other directors have their current terms ending next month — GNSO appointee Becky Burr (North America), who has been reappointed for a third term, and Akinori Maemura (Asia-Pac) who is being replaced by Christian Kaufmann (Europe) as an ASO appointee.

NomCom broke down the gender and geographic mix of applicants for all the open board and non-board positions here.

RDNH loser files second appeal

A big drug company has appealed to ICANN for a second time over a Reverse Domain Name Hijacking ruling against it, claiming ICANN should be responsible for the decisions of the World Intellectual Property Organization.

India-based Zydus Lifesciences, which among other things makes Covid-19 vaccines, lost a UDRP complaint against the owner of zydus.com in June. To add insult to injury, WIPO made a RDNH finding against it.

Rather that go to court, Zydus filed a Request for Reconsideration with ICANN in July, but this was summarily dismissed because the Reconsideration mechanism only applies to the actions or inactions of the ICANN board or staff.

Now Zydus has filed a second RfR, in which its lawyers claim ICANN is responsible for WIPO’s UDRP decisions and failure to address the first RfR amounts to board inaction. The latest claim states:

when a dispute resolution service provider is accredited by ICANN to conduct mandatory administrative policy, as prescribed by the UDRP adopted by ICANN, such service providers are extension of ICANN itself

Zydus claims the WIPO panel erred by relying on what it claims were false and misleading statements by the zydus.com registrant. It wants the decision reversed and the three panelists forever barred.

I doubt the RfR will get anywhere. ICANN’s Board Accountability Mechanisms Committee is not about to make itself the de facto court of appeals for every UDRP party who thinks they got stiffed.

Malaysia relaxes travel restrictions ahead of ICANN 75

Malaysia has made it easier for foreign travelers to enter the country, which should take some of the headaches out of going to ICANN 75 next month.

According to local reports, the Malaysian government web site, and official UK travel advice, those entering Malaysia are no longer required to fill out a “travelers card” on the government’s contact-tracing app, MySejahtera.

It’s not clear whether MySejahtera is still mandatory for entry. The UK says you “may” be required to install it,

On-arrival tests have been scrapped, regardless of vaccination status, the Malaysian government said:

From 1st August 2022, all travellers are allowed to enter Malaysia regardless of their COVID-19 vaccination status and do not require a pre-departure or on-arrival COVID-19 test. There are no quarantine orders related to COVID-19 enforced by the Malaysian Government upon arrival.

If you test positive for Covid-19 while in Malaysia, you’re still required by law to quarantine for four days (if you subsequently test negative) to seven days (regardless of the test result) at your own expense.

While the government rules may take some of the red tape out of entering the country, ICANN’s still has rules about entering the meeting venue.

To obtain entry to the Kuala Lumpur Convention Center, you’ll need to have proof of vaccination under the current version of ICANN’s health guidelines, which were last updated July 20.

Thanks to Richard Wein for the tip.

More rules, but cozier ICANN 75 expected

There will be more rules to follow at ICANN 75 next month, but attendees might be able to expect a more intimate event, with less stringent seating restrictions.

The gathering, ICANN’s 2022 Annual General Meeting, will be held in Kuala Lumpur from September 17 to 22, the second pandemic-era meeting to have a face-to-face component, but in-person attendees need to register by September 14.

The new rules are largely a result of local laws, according to ICANN.

The first thing to note is that if you don’t have a smart-phone, you’re out of luck. Malaysia requires people entering the country to install a government Covid-control track-and-trace app called MySejahtera.

The law also says you have to wear masking indoors and self-isolate for four to seven days if you test positive. ICANN’s mandatory legal waiver makes the attendee responsible for associated costs.

But at the venue itself, ICANN is relaxing its session rules, saying it may halve the social-distancing requirement in half to a meter, which will allow more people into each room and could reduce the need for waiting lists and overflow rooms.

Many of the sessions at ICANN 74 in June were over-booked.

Did ICANN pay for most meeting attendees to show up in The Hague?

ICANN may have lauded the return to in-person meetings for its gathering in The Hague in June, but there’s good reason to believe more than half of those who showed up may have been there on ICANN’s dime.

ICANN 74, which was the first public meeting with a face-to-face component since the Covid-19 pandemic began in late 2019, attracted 917 in-person attendees, according to the Org’s latest By-The-Numbers report (pdf).

But more than a quarter of the badge-holders were on ICANN’s payroll, and as many as a third more could have had their flights, hotels and food reimbursed by ICANN.

The report shows that 28.7% of in-person attendees — 263 people — were either ICANN staff (14.9%), board of directors (1.7%), or event support staff (12.1%).

If ICANN’s travel support reimbursements track with previous meetings, as many as half of the remaining 651 attendees could also have had their trips fully or partially paid for by ICANN.

ICANN typically pays for around 300 non-staffers to attend its thrice-annual meetings, largely community volunteers in key roles on committees, advisory groups or working groups, who are expected to work for their money, as well as those on outreach programs such as Next-Gen.

Supported travelers for the June 2019 meeting in Marrakech, Morocco amounted to 326 people at a cost of about $820,000. For the Montreal AGM later that year, ICANN spent $1.1 million supporting 366 community travelers.

There’s reason to believe that the number of supported travelers could be lower due to the pandemic, of course, but it does seem quite realistic that more than half of the people who turned up for ICANN 74 did so with their hands in ICANN’s pocket.

That’s not counting the remote participants who asked ICANN to reimburse them for their extra internet access costs to Zoom in during the meeting.

According to the ICANN report, 32 people claimed up to $60 each for their broadband during ICANN 74. That was down a little on the prior meeting in March, but up on the number claiming reimbursements during the height of the pandemic.

ICANN also broke down the nations each in-person attendee hailed from, for I believe the first time, revealing Ghana as a surprisingly enthusiastic participant.

The Netherlands and US occupied the top two slots of the participants-by-country rankings, with 149 and 121 delegates, but Ghana was third with 43, ahead of the UK’s 41 and Germany’s 35.