New gTLD events in London this week

If you’re in London, UK today or tomorrow, there are a couple of events relating to the new top-level domains program you may wish to attend.
Tonight, ICANN president Rod Beckstrom is hosting an informal gathering for UK domain name geeks and internet governance wonks from 5.30pm at the POP Bar of the Hilton Park Lane Hotel.
It’s an open-invitation event so, despite rumors I’ve seen on Twitter, I’m 99% certain it will not be a free bar.
I’m going anyway.
Tomorrow morning, there’s going to be a panel discussion and Q&A session on new gTLDs at the offices of the PR company Edelman.
Panelists include Beckstrom, Nominet chief executive Lesley Cowley, Com Laude director Lorna Gradden, and me. It’s being chaired by Edelman’s Jonathan Hargreaves.
Breakfast is served at 8am, and the panel runs from 8.30am until 10am. It’s an RSVP event, but I believe the venue holds 150, so there’s bound to be still plenty of available seats.
RSVP details can be found here.
Hopefully it will be an interesting discussion. If you’re attending and would like to introduce yourself, at these kinds of things I’m usually the guy looking vaguely out of place.

Watch ICANN’s president explain his departure

Rod Beckstrom explained his decision to leave ICANN next year, and gave a status report on the new top-level domains program, in a recent video.
The interview with ICANN freelancer Jim Trengrove was taped August 31 and uploaded to an ICANN video channel, but does not appear to have been made easily viewable anywhere yet.
In it, Beckstrom gives his version of events leading up to his August 16 resignation announcement, which some interpreted as a decision made by the ICANN board.
“I was only willing to make a three-year commitment in the first place and that’s what we came up with,” Beckstrom says. “We had some discussions with the board to make some contract changes and we did not come to agreement so I decided not to seek renewal.”
“The last thing I wanted to do was leave this organization in the lurch,” he says, explaining the early announcement. “As soon as I made my decision I decided the very next day to communicate that.”
The 16-minute video also gives a quick update into the gTLD program.

“Is ICANN ready?” Trengrove asks (a question I posed myself the very same day). Beckstrom responds:

ICANN is preparing very well for the program… There’s a lot of work to get done every single day still to prepare this program for the January 12 launch, but I’m pleased to say I think the team is performing and I think we will be ready. At the same time, it is going to put more visibility on ICANN and bring new pressures so it’s hard to say exactly how ICANN will respond to all those but I think all the preparation to run a proper program is being put in place.

At the time the video was taped, the growing anti-gTLDs campaign from the advertising industry was already well-evident, which may be what Beckstrom is referring to.
He goes into some detail about his thinking when it came to the decision to cut off interminable new gTLD policy debate in favor of getting on with execution.
The interview also touches on ICANN’s emerging ethical conundrum, which was most recently exemplified by Sen. Ron Wyden’s call for an anti-“revolving door” policy.
Beckstrom says that enforcing ethical behaviour is “extremely important for ICANN’s credibility”.
If the embedded video above does not work for you, you can watch it here.

Cheap gTLD drive adds to ICANN’s to-do list

ICANN may be given a huge to-do list before it starts accepting new top-level domain applications, in order to help level the playing field between rich and poor countries.
If sweeping new recommendations are approved, ICANN would have just a couple of months to create a new gTLD application review process, to find a panel to police it, and to find the money to cover it.
Since March 2010, a volunteer working group known as JAS has been debating the hows, whos and how muches of a program to provide financial support to gTLD applicants from developing nations.
It’s now come up with its Final Report (pdf), which contains a laundry list of things that JAS says ICANN needs to do before it starts accepting applications from anyone.
JAS has called for a reduction in the application fee from $185,000 to $47,000, as well as a provision allowing qualified applicants to pay the fee on a staggered schedule.
It also asks ICANN to create and partially fund a foundation to provide financial support, in addition to fee reductions, that eligible applicants would be able to draw from and pay back over time.
To qualify for the cheaper fees and other support, applicants would have to come from a developing economy found on certain UN lists. By my count, more than 80 countries would be eligible.
Recognized indigenous peoples – apparently including developed-world groups such as Native American tribes or Aboriginal Australians– would also qualify for assistance.
(I don’t know about you, but I immediately thought about the “Indian casino” model used to evade gambling prohibitions in parts of the US.)
Supported applicants would have to demonstrate that their gTLD would serve an under-served community or language group, and provide “genuine social benefit”.
So-called “.brand” applicants would be specifically excluded, but commercial entities operating in the public interest would be able to apply for the fee reductions and financial support.
The application procedure would be governed by a yet-to-be written Support Evaluation Process, overseen by a not-yet-created Support Application Review Panel, comprised of expert volunteers from inside and outside ICANN’s existing community structures.
The unpaid SARP panelists would have to be knowledgeable about the domain name industry and likely gaming patterns, in order to help prevent applicants exploiting the system.
The JAS says that all of this needs to be in place before the first round of applications:

there is a serious concern that, if support is not available to eligible applicants in the first round, the most obvious and valuable names (ASCII and IDNs) would be taken solely by wealthy investors.
…
Given the uncertainty regarding further rounds of new gTLD applications following the round planned for January 2012, it is necessary to make support available in the initial January 2012 round.

While I’ve no doubt that the ICANN board of directors will be picking over these proposals during its two-day retreat, which kicked off today, the JAS report now needs to filter through the GNSO and the ALAC – the two ICANN community bodies that commissioned its work.
Realistically, the earliest ICANN can rubber-stamp these recommendations is at its meeting October 28 in Dakar, Senegal, which would give ICANN staff just two months to create and deploy the entire applicant support program and to educate likely users.
ICANN’s new chief financial officer could also have to oversee the recalculation of the new gTLD program budget to reflect the JAS group’s ideas about how the program should be funded.
For example, the JAS report states that the $60,000 component of a single full application fee currently designated to “risks” could be instead be used to cover the shortfall between the $47,000 supported-applicant fee and the $100,000 in anticipated processing costs for such an application.
If ICANN were to adopt the recommendation, it would beg the question of how well the $185,000 “cost recovery” fee was calculated in the first place.
While not unexpected, the JAS proposals are a complex, audacious 11th-hour bump in the wire for ICANN, which already appears to be struggling to get its ducks in a row in time for January 12.
Regardless of whether the program can be rolled out in time, its likely users are already at a disadvantage compared to their wealthier counterparts, which at least have numbers to put in their own budget.

Senator calls for ICANN ethics controls

An influential US senator has called on the US government to impose new ethics rules on ICANN.
In a letter to the US Department of Commerce, which has an oversight relationship with ICANN, Senator Ron Wyden said that new “strict ethics guidelines” should be created.
The letter appears to be in direct response to Peter Dengate Thrush’s move from his role as ICANN’s chairman to a potentially lucrative job with a new top-level domains applicant.
(And, presumably, at the behest of whoever told Wyden about it.)
Dengate Thrush’s last major act at ICANN was to lead the vote to approve its new generic top-level domains program, this June at ICANN’s public Singapore meeting.
Three weeks later, he joined Minds + Machines parent Top Level Domain Holdings, which plans to build its entire business model around applying for new gTLDs.
“As news reports have indicated, a formerly high-ranking official at ICANN has left the organization and was immediately hired by one of the domain name companies regulated by ICANN,” a Wyden press release reads.
Wyden wants new ethical guidelines designed to prevent a “revolving door” built into the IANA contract, which is the one way Commerce can still exert unilateral control over ICANN.
He wrote: “any IANA employees ought to be made subject to the same ethics rules in place as NTIA [National Telecommunications and Information Administration, part of Commerce] employees.”
The IANA contract is up for renewal before March next year.
Pretty much anybody with a vested interest in getting more control over of the DNS is currently doing their best to hack the contract by lobbying the NTIA, directly or indirectly.
I wonder who’s behind this particular appeal.

Facebook hires ICANN director

ICANN director Erika Mann has reportedly been hired to head up Facebook’s new Brussels office.
Mann started last week as one of a handful of “politically connected new talent” to join the social networking company recently, according to the Wall Street Journal.
Mann was a Member of the European Parliament between 1994 and 2009, representing a German constituency.
She joined ICANN’s board of directors last December, after her appointment by the Nominating Committee. She’s currently the only female director with a vote.
Facebook is an increasingly active ICANN participant.
Its envoy, global domain name manager Susan Kawaguchi, sits on the Whois Policy Review Team, for example.

Windows 8 and the emotional reaction to new gTLDs

Watching videos and reading reports about the Windows 8 demos at Build 2011 yesterday, I found myself experiencing a quite overwhelming feeling of despair.
I’m not usually what you’d call an early adopter.
I did buy my current laptop on the day Windows 7 was released. Not because I’m a Microsoft fanboy; I just needed a new laptop and figured I may as well wait for the new OS to come out.
I resisted buying a mobile phone until 2006. The one I have now cost me £5. I have literally no idea if it does internet or not. The thing I thought was a camera lens turned out to be a flashlight.
I bought an iPod once, but the only reason I haven’t stamped it to pieces yet is because it’s full of photos of loved ones I cannot retrieve because it’s “synched” to a PC that I did stamp to pieces.
I’ve never owned a touch-screen device, and I don’t really want to.
I’m not interested in gestural interfaces or chrome-free environments; I want menus that tell me what the software does and let me click on the thing I want it to do.
Hence my despair at Windows 8, which appears to be doing away with useful stuff in favor of, I dunno, looking nice or something. Microsoft appears to be trying to appeal to (shudder) Apple users.
I felt the same about Google+, which I have yet to join. Apparently it’s quite good, but my initial reaction to its launch earlier this year was “For god’s sake, why?” and “Do we really need more shit to update?”
I fear change…
(tenuous link alert)
…and I feel certain I’m having exactly the same emotional reaction to Windows 8 as many people are having to ICANN’s new gTLD program.
Just as I don’t want to have to think about typing onto a screen (a screen, for crying out loud!) there are millions of people just as pissed right now that they’re being forced to think about new gTLDs.
“But we don’t need them!” they wail. “Everything works just fine as it is!”
Yeah, well that’s how I feel about all the shiny shiny fondlelabs everybody else in the world seems to be currently obsessing over.
I share your pain, Bob Liodice.
But sometimes technology companies come out with new stuff because they think that’s the way to innovate and (of course) make more money.
It’s just the way it is. You’ve got to accept it and move on. If you’re smart, you’ll figure out a way to turn the thing to your advantage.
Everybody currently using Windows 7, Vista or XP will eventually upgrade to Windows 8, even if it’s probably going to be a prettier but less useful version of its predecessors.
If you still buy DVDs, one day you’ll probably be forced to buy a Blu-ray player, just the same as you were forced to upgrade from VHS.
And if you think VeriSign’s mindshare monopoly on the domain name system is the way things should stay forever, new gTLDs are going to make you think again.

ICANN “not an advocate” for new gTLDs

ICANN is a facilitator of, not an advocate for, new top-level domains.
That’s the message ICANN is choosing to present as its executives begin their global awareness-raising campaign for the new gTLD program.
President Rod Beckstrom was in Sao Paolo, Brazil, at the Futurecom conference yesterday. In his address there, he said, according to an ICANN press release:

I want to make clear that ICANN is an organization that is not advocating new gTLDs for anyone. Our role is merely facilitation to implement the policy and the programs approved by our community, so we are here to educate not to advocate.

That will come as little surprise to anyone familiar with ICANN’s communications plan – it needs to tell people what new gTLDs are, and what they are not, without sounding like a salesman.
Senior ICANN staff, as well as chair Steve Crocker, are scheduled for a deal of outreach-focused globe-trotting over the next few months.
Beckstrom is due in London next week for a panel discussion on new gTLDs, and I understand similar events in Paris and Berlin have also been lined up.
I’m also on the London panel, along with Nominet’s Lesley Cowley and Lorna Gradden from Com Laude. The value of this kind of thing is in the questions, so hopefully there’ll be a decent turnout.
Beckstrom is also slated to appear at Gitex in Dubai next month.
Crocker is keynoting the newdomains.org conference in Munich in two weeks, and the Bulgarian Domain Forum event is also anticipating ICANN staff participation.

ICANN hires CFO

ICANN has found itself a chief financial officer, filling the role vacated by Kevin Wilson in January.
Xavier Calvez was most recently the CFO of the creative services division of Technicolor in Los Angeles.
He’s French, and has previously worked for Deloitte and KPMG.
Calvez has already started work at ICANN’s office in Marina Del Rey, but he still needs to be given the nod officially by the board of directors.

How many brands will lie in their gTLD applications?

The Association of National Advertisers and related groups are currently telling ICANN and anyone who will listen that big brands don’t want new top-level domains.
But many of the ANA’s members, including members of its board, are understood to be currently talking to domain consultants and registries about applying for their own .brand gTLDs.
Assuming that the ANA is not lying, and that its members don’t want .brands, what on earth are these companies going to say in their applications next year?
If they are thinking about applying purely defensively (and I use that word loosely), truly believing that new gTLDs are useless, how will they answer the all-important Question 18(b)?

How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?

The question, which was added to the Applicant Guidebook this year at the request of the Governmental Advisory Committee, is not scored, but is expected to be answered.
The answers will be published, and they will also be used in ICANN’s future reviews of the program.
The ANA is already on-record stating “there are no material or obvious benefits”, so an answer to 18(b) from one of its members that states anything other than: “We don’t think it will benefit anyone.” is going to look like a horrible lie.
And lying isn’t allowed. It’s in the Guidebook’s terms and conditions:

Applicant warrants that the statements and representations contained in the application (including any documents submitted and oral statements made and confirmed in writing in connection with the application) are true and accurate and complete in all material respects

Any company that lies in its application runs the risk of losing its whole $185,000 application fee and having its application rejected.
Okay, I admit, I’m being a bit cheeky here – I don’t really think anyone will be rejected for using a bit of colorful marketing BS in their applications. I doubt the evaluators will even notice.
I am perhaps suggesting that the ANA’s outrage today may not fully reflect the diversity of opinions among its board and general membership.
Either way, it’s going to be fascinating to read the applications filed by ANA members, and to compare their words to the positions they’re allowing ANA management to put forth on their behalf today.

What Europe’s demands mean for new gTLDs

The European Commission wants stronger government powers over ICANN’s new top-level domain approval process, according to leaked documents.
Six “informal background papers” obtained and published by .nxt yesterday indicate that the EC, perceiving snubs over the last six months, plans to take a hard line with ICANN.
The documents cover a lot of ground, including a discussion of the various mechanisms by which governments would be able to force ICANN to reject new gTLD applications.
This article covers just the bases related to new gTLDs.
As things currently stand, ICANN’s Applicant Guidebook gives governments three ways to register their objections to any given gTLD application. The EC wants two of them strengthened.
GAC Early Warning
The Governmental Advisory Committee may formally put an applicant on notice that one or more governments have a problem with their bid.
Any government can initiate an Early Warning “for any reason”, at any point during the 60-day public comment period that is currently scheduled to begin April 27.
The mechanism is designed to give applicants a chance to get out with their cash before a more formal objection is filed by the GAC or an individual government.
Applicants in receipt of such a warning can choose to withdraw at that point, receiving a partial refund of their fees, but it’s entirely voluntary.
Under the EC’s new proposals, a GAC Early Warning would trigger an additional requirement by the applicant to show the support of “the relevant internet community”.
Because there’s little chance of getting this provision into the Guidebook now, the EC wants this provision baked into ICANN’s IANA contract with the US Department of Commerce.
The IANA contract is currently the biggest stick governments have to beat ICANN with. It’s up for renewal before March, and it’s the US that decides what goes into the contract.
The European Commission paper on new gTLDs says:

The IANA contract should include a provision requiring applicants to positively demonstrate the support of the relevant Internet community in advance of formal consultation of the GAC (and other supporting organisations and advisory committees), in cases where there are prima facie grounds to believe that the application may raise a public policy concern.

The paper explains: “in other words, if the GAC issues an early warning, the applicant would be automatically required to demonstrate the support of the relevant Internet community”.
In the Guidebook today, only applicants that have self-designated as “community” applications have to show this level of support, using a strict scoring process.
The EC’s proposal could, hypothetically, force non-community applicants to show a similar level of support if a single government initiates an Early Warning in the GAC.
If there was a vanilla, non-community application for .gay, for example, an Early Warning spurred (anonymously) by Saudi Arabia, say, could force the applicant to provide evidence of community support.
How this evidence would be evaluated is unclear. It would depend on what final language the Department of Commerce puts into the IANA contract.
At a guess, it could be a matter for the ICANN board to decide, with the Damoclean sword of IANA non-compliance hanging over its decision.
Formal GAC Advice
The Guidebook today allows for over six months, from April 27 to November 12, for the GAC to formally object to any gTLD application.
The way the GAC will create this formal “GAC Advice on New gTLDs” is a black box. We probably won’t even be told which governments objected, or what level of support they received.
ICANN had tried to enforce certain transparency and procedural requirements on this mechanism, but the GAC told it to take a hike and ICANN bent over in the interests of expediency.
But any such Advice will nevertheless “create a strong presumption for ICANN that the application should not be approved”.
The ICANN board will technically still be able to overrule one of these objections, but it practice it seems unlikely. At the very least it’s not predictable.
Under the European Commission’s new proposals, this fail-safe would be weakened further:

The ICANN by-laws should be amended to ensure that consensus GAC advice is accepted as reflecting the global public interest, and should ICANN wish to reject such advice, it would bear the burden of demonstrating that the GAC advice would conflict with ICANN’s legal obligations or create problems for the stability or security of the Domain name System.

In other words, the bar for an ICANN board decision to overrule the GAC would be raised to only include cases where there was a legal or technical reason not to comply.
The GAC would have an effective veto on every decision ICANN is asked to make. The term “multi-stakeholder” would be subverted in almost textbook Orwellian fashion.
To have this proposal implemented, the EC suggests that ICANN and the GAC enter talks. There’s no talk of running to the US government to have it unilaterally imposed.
Reserved Words
Currently, all new gTLD registries will be forced to reserve strings such as country names from their spaces, and deal with individual governments to open them up.
The EC wants the list expanding to include basically any word that governments ask for, and it wants the US government to make this a condition of IANA contract renewal:

In relation to reserved and blocked names at the second level, the IANA contract should require the contractor to develop appropriate policies to allow governments and public administrations to identify names to be included in a reference list to be respected by all new gTLD operators.

This request appears to have been inspired by ICM Registry’s offer to block “culturally sensitive” strings from .xxx at the request of governments.
Yet again, we find global internet policy being driven by sex. What is it with these politicians?
Domain Name Takedown
Incredibly, the EC also wants the IANA contract to include a provision that would allow any government to ask any gTLD registry to turn off any domain:

The contractor [ICANN] should also be required to ensure that governments and public administrations can raise concerns about particular names after their registration if a serious public order concern is involved, and with a view to the registry “taking down” the name concerned.

This clearly hasn’t been thought through.
Facebook.com and Twitter.com have both been blamed recently for raising “serious public order concerns” in everything from the Egyptian revolution to the London riots.
The new powers the EC is discussing would have given the despotic former government of Egypt a legal basis for having Twitter shut down, in other words.
Cross-Ownership
Finally, the EC is still concerned, on competition grounds, about ICANN’s decision to drop the vertical separation rules that apply to registries and registrars.
It suggests that the IANA contract should create a new oversight body with an “extra-judicial review” function over ICANN, enabling its decisions to be challenged.
This would enable antitrust authorities in Europe or elsewhere to challenge the vertical integration decision without having to resort to the US courts.
Anyway
Overall, the proposals seem to represent a depressingly authoritarian ambition by the European Commission, as well as a disdain for the idea of the ICANN multi-stakeholder model and a shocking lack of respect for the rights of internet users.
While the documents are “informal background papers”, they do seem to give an indication of what certain elements within the EC think would make reasonable policy.
Whether the positions outlined in the papers became a reality would largely depend on whether the EC’s requests, if they were made, were compatible with US public policy.
As usual, the Department of Commerce still holds all the cards.