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ICANN wins .hotels/.hoteis confusion appeal but has to pay up anyway

Kevin Murphy, March 5, 2015, Domain Policy

The proposed new gTLDs .hotels and .hoteis are too confusingly similar to coexist on the internet.
That’s the result of an Independent Review Process decision this week, which denied .hotels applicant Booking.com’s demand to have ICANN’s string confusion decision overturned.
But the IRP panel, while handing ICANN a decisive victory, characterized the string confusion and IRP processes as flawed and said ICANN should have to pay half of the panel’s $163,000 costs.
Booking.com filed the IRP a year ago, after the new gTLD program’s String Similarity Panel said in February 2013 that .hotels was too similar to rival Despegar Online’s proposed .hoteis.
.hoteis is the Portuguese translation of .hotels. Neither string was contested, so both would have been delegated to the DNS root had it not been for the confusion decision.
In my view, the String Similarity Panel’s decision was pretty sound.
With an upper-case i, .hoteIs is virtually indistinguishable from .hotels in browsers’ default sans-serif fonts, potentially increasing the ease of phishing attacks.
But Booking.com, eager to avoid a potentially costly auction, disagrees with me and, after spending a year exhausting its other avenues of appeal, filed an IRP in March 2013.
The IRP decision was handed down on Tuesday, denying Booking.com’s appeal.
The company had appealed based not on the merits of the SSP decision, but on whether the ICANN board of directors had acted outside of its bylaws in establishing an “arbitrary” and opaque SSP process.
That’s because the IRP process as established in the ICANN bylaws does not allow appellants to changed a decision on the merits. IRP panels are limited to:

comparing contested actions of the Board to the Articles of Incorporation and Bylaws, and with declaring whether the Board has acted consistently with the provisions of those Articles of Incorporation and Bylaws.

The IRP panel agreed that the SSP process could have been fairer and more transparent, by perhaps allowing applicants to submit evidence to the panel and appeal its decisions, saying:

There is no question but that that process lacks certain elements of transparency and certain practices that are widely associated with requirements of fairness.

But the IRP panel said Booking.com was unable to show that the ICANN board acted outside of its bylaws, highlighting the limits of the IRP as an appeals process:

In launching this IRP, Booking.com no doubt realized that it faced an uphill battle. The very limited nature of the IRP proceedings is such that any IRP applicant will face significant obstacles in establishing that the ICANN Board acted inconsistently with ICANN’s Articles of Incorporation or Bylaws. In fact, Booking.com acknowledges those obstacles, albeit inconsistently and at times indirectly.

Booking.com has failed to overcome the very obstacles it recognizes exist.

The IRP panel quoted members of ICANN’s New gTLD Program Committee extensively, highlighting comments which questioned the fairness of the SSP process.
In contrast to usual practice, where the losing party in an IRP bears the costs of the case, this panel said the $163,000 costs and $4,600 filing fee should be split equally between ICANN and Booking.com:

we can — and we do — acknowledge certain legitimate concerns regarding the string similarity review process raised by Booking.com, discussed above, which are evidently shared by a number of prominent and experienced ICANN NGPC members.

In view of the circumstances, each party shall bear one-half of the costs of the IRP provider

Booking.com and Despegar will now have to fight it out for their chosen strings at auction.
The full decision can be read in PDF format here. Other documents in the case can be found here.
The TL;DR version: ICANN wins because it has stacked the appeals deck in its favor and the IRP process is pretty much useless, so we’re going to make them pay up for being dicks.

The IANA transition in a nutshell

Kevin Murphy, February 27, 2015, Domain Policy

The US plan to remove itself from its unique DNS oversight role is about creating a coalition of nations to thwart attempts by Russia and other “authoritarian” countries to increase government control of the internet.
That’s according to Larry Strickling, assistant secretary at the US National Telecommunications and Information Administration, who delivered a beautifully succinct explanation to confused senators at a hearing in Washington DC this week.
Despite unnecessary diversions into issues such as net neutrality and copyright protection — which I’m sure was not at all due to senators trying to score points with their corporate paymasters — the Commerce Committee hearing was surprising well-informed and not nearly as angry as it could have been.
Senators, mostly Republicans, reiterated their concerns that for the US to give up its role in the IANA functions contract could invite a takeover of ICANN by unfriendly nations such as China and Russia, thereby harming internet freedom.
At one point, Strickling was asked by a senator: “If there’s not a problem, what are we trying to fix here?”
His answer was one the best explanations of the political back-story of the transition that I’ve heard, so I’m going to quote it in full here.

There has been a problem, sir. At the end of 2012 when the world’s governments got together in Dubai for the ITU WCIT — World Conference on International Telecommunications — you had around 80 countries who voted to say the ITU needs to be more involved in internet governance. These were largely countries in the developing world siding with the more authoritarian regimes.
Part of the impetus for this was the continued irritation that many governments have, that has been exploited by authoritarian countries, that the United States with its special role with ICANN is in a position to control the internet in these developing counties and to turn it off in these countries and to otherwise interfere with the ability of countries to manage their own affairs with respect to the internet.
After this [IANA transition] announcement was made the next two large international meetings at which governments came together you saw a major change in position among the developing countries. We didn’t see any change in position from the authoritarian countries — and you’re not, they’re not going to change their views on this. But the key to succeeding in this on the global stage is to bring the rest of the world along with us, and that’s what we saw at the NETmundial conference in Brazil last April where the only countries who spoke out against the multi-stakeholder model of internet governance were Russia and Cuba.
We then flash forward to the ITU plenipotentiary conference in Busan last November and again you had Russia with the same proposals it’s been making for 10 years: that these functions ought to be transferred to the ITU and managed by governments. And that was beaten back by a coalition of developed and developing countries. So we’ve seen immediate results, or significant results, by the basis of our having been able to take this issue off the table for these countries, to get them to look at what’s really best for them without this overhang of a US role that was unique among governments and which was a source of irritation to governments and was being exploited to our detriment by foreign governments.
The fact of the matter is that the role we play with respect of the IANA functions is a clerical role. It’s truly stewardship. As I said before, we don’t provide any oversight of the policy judgments that ICANN and the multi-stakeholder community make. We participate as a government in the Governmental Advisory Committee, and we will continue to do that in future and will be vigorous advocates for a free and open internet.
The special role we play with respect of the IANA functions is totally administrative and clerical, yet it has been exploited by other governments — authoritarian governments — to our detriment. We’ve taken that off to the table by announcing this transition and as we complete it we will continue to see the benefits of that through the continued adoption and support for this model by the developing world.

His views were echoed by ICANN CEO Fadi Chehade more than once during the hearing, talking about how the transition process is designed to bring on board the “middle countries”, rather than already-allied nations or the fringe, minority authoritarian countries.
He cited Brazil as the key example of a government once in favor of more ITU control of the internet that is now, largely due to Chehade’s outreach and its key role in the NETmundial conference, firmly in the multi-stakeholder model camp.
The entire archived hearing can be viewed here.

ICANN ditches plan to give governments more power

Kevin Murphy, February 25, 2015, Domain Policy

ICANN has quietly abandoned a plan to make it harder for its board of directors to go against the wishes of national governments.
A proposal to make a board two-thirds super-majority vote a requirement for overruling advice provided by the Governmental Advisory Committee is now “off the table”, ICANN CEO Fadi Chehade told a US Senate committee hearing today.
The threshold, which would replace the existing simple majority requirement, was proposed last August as a result of talks in a board-GAC working group.
At the time, I described the proposal as a “fait accompli” — the board had even said it would use the higher threshold in votes on GAC advice in advance of the required bylaws change.
But now it’s seemingly gone.
The news emerged during a hearing of the Senate Committee on Commerce, Science, and Transportation today in Washington DC, which was looking into the transition of US oversight of ICANN’s IANA functions to a multi-stakeholder process.
Asked by Sen. Deb Fischer whether the threshold change was consistent with ICANN’s promise to limit the power of governments in a post-US-oversight world, Chehade replied:

You are right, this would be incongruent with the stated goals [of the IANA transition]. The board has looked at that matter and has pushed it back. So it’s off the table.

That came as news to me, and to others listening to the hearing.
The original plan to change the bylaws came in a board resolution last July.
If it’s true that the board has since changed its mind, that discussion does not appear to have been documented in any of the published minutes of ICANN board meetings.
If the board has indeed changed its mind, it has done so with the near-unanimous blessing of the rest of the ICANN community (although I doubt the GAC was/will be happy).
The public comment period on the proposal attracted dozens of responses from community members, all quite vigorously opposed to the changes.
The ICANN report on the public comments was due October 2, so it’s currently well over four months late.
UPDATE 1: An ICANN spokesperson just got in touch to say that the board decided to ditch its plan in response to the negative public comments.
UPDATE 2: Another ICANN spokesperson has found a reference to the board’s U-turn in the transcript of a meeting between the ICANN board and GAC at the Los Angeles public meeting last October. A brief exchange between ICANN chair Steve Crocker and Heather Dryden, then chair of the GAC, reads:

DRYDEN: On the issue of the proposed bylaw changes to amend them to a third — two-thirds majority to reject or take a decision not consistent with the GAC’s advice, are there any updates there that the Board would like to — the Board or NGPC? I think it’s a Board matter? Yes?
CROCKER: Yes.
Well, you’ve seen the substantial reaction to the proposal.
The reaction embodies, to some extent, misunderstanding of what the purpose and the context was, but it also is very instructive to all of us that the timing of all this comes in the middle of the broader accountability question.
So it’s — I think it’s in everyone’s interest, GAC’s interest, Board’s interest, and the entire community’s interest, to put this on hold and come back and revisit this in a larger context, and that’s our plan.

So it seems that the ICANN board did tip its hand a few months ago, but not many people, myself included, noticed.

Chehade to face Congressional grilling this week

Kevin Murphy, February 23, 2015, Domain Policy

ICANN CEO Fadi Chehade is heading to Washington DC this week to defend plans to decouple the organization from formal US oversight in front of a potentially hostile committee of Congresspeople.
The Senate Committee on Commerce, Science, and Transportation will meet this Wednesday at 1000 local time to grill Chehade and others on the plan to remove the US government from the current triumvirate responsible for managing changes to the DNS root zone under the IANA arrangements.
He will be joined by Larry Strickling, who as head of the National Telecommunications and Information Administration is the US government’s point person on the transition, and Ambassador David Gross, a top DC lawyer formerly with the Department of State.
All three men are pro-transition, while the Republican-tilted committee is likely to be much more skeptical.
The blurb for the Wednesday hearing reads:

As the U.S. government considers relinquishing control over certain aspects of Internet governance to the private sector, concerns remain that the loss of U.S. involvement over the Internet Assigned Numbers Authority (IANA) could empower foreign powers — acting through intergovernmental institutions or other surrogates — to gain increased control over critical Internet functions.

Republicans and right-leaning media commentators have warned that handing over IANA oversight to a multistakeholder body risks giving too much power to governments the US doesn’t like, such as Russia and China.
Several bills introduced in the House and Senate over the last year would have given Congress much more power to delay or deny the transition.
An amendment to an appropriations bill approved in December prevents the NTIA from spending any taxpayer money on relinquishing its DNS root oversight role until after September 30 this year, the same day that the current IANA contract expires.
This effectively prevents a transition during the current IANA contract’s run. Strickling recently said that the NTIA is complying with this legislation, but noted that it does not prevent the agency participating in the development of the transition proposal.
ICANN community working groups are currently working on plans for ICANN oversight post-NTIA and for addressing ICANN accountability.
These documents are hoped to be ready to sent to the NTIA by July, so the NTIA will have enough time to consider them before September 30.
Strickling recently addressed this date in a speech at the State of the Net conference in Washington, saying:

I want to reiterate again that there is no hard and fast deadline for this transition. September 2015 has been a target date because that is when the base period of our contract with ICANN expires. But this should not be seen as a deadline. If the community needs more time, we have the ability to extend the IANA functions contract for up to four years. It is up to the community to determine a timeline that works best for stakeholders as they develop a proposal that meets NTIA’s conditions, but also works.

Opponents of the transition say that because the NTIA is prevented from terminating the IANA contract before October 1, the NTIA will have no choice but to extend it until September 30, 2017.
Given that 2016 is a presidential election year in the US, Barack Obama would be a private citizen again by the time the next opportunity to transition comes around, they say.
Which presidential hopeful — from either party — would not buckle if asked whether he supports a plan to let Iran run the internet? That’s the political logic at work here.
Chehade himself told the AFP news agency earlier this month that the transition would have to happen before the 2016 elections, to avoid political distractions.
I’m not so sure I agree with the premise that, due to the restraints imposed by the appropriation bill, the transition now has to happen under the next president’s administration.
In my layman’s reading of the current IANA contract, the NTIA is able to terminate it for the “convenience of the government” pretty much whenever it wants.
There’s also an option to extend the contract by up to six months. The NTIA exercised this option in March 2012 when it did not approve of ICANN’s first renewal proposals.

Chehade declines to backtrack on domain “hogging” comments

Kevin Murphy, February 10, 2015, Domain Policy

ICANN CEO Fadi Chehade responded yesterday to anger from domain investors over recent comments in which he talked about “hogging” domain names and implied a link to cybersquatting.
But he did not, at least as far as I understood his explanation, backtrack on his original remarks.
Chehade was cheekily asked his current thoughts on domain “hoggers” by blogger David Goldstein during a press conference at the ICANN 52 meeting in Singapore yesterday.
This is the entirety of his reply:

I think the statement I made to a different media outlet about that was conflated to signify I was including in this all those who are in the domain name business. And that’s not true. There are those that do this as a business and do it very well and actually enhance the market and there are those that do it and make the business and the market less attractive and less desirable. So I think any insinuation that that statement engulfs everyone that is in this business is not true. As you know very well I’ve a very big supporter of the industry groups and was one of the people who was frankly very happy when the Domain Name Association was created and I attended their first formation meeting. This is where we stand and we continue to feel good about how this market is evolving and how these players are making this a good market that serves the public interest.

Having listened to it a few times, I wonder whether Chehade deliberately didn’t backtrack on his original remarks, or whether he doesn’t quite understand why they caused offense in the first place.
A couple of weeks back, Chehade was talking to the Huffington Post about new gTLDs during an interview at the World Economic Forum in Davos.
The interviewer asked about “concerns about a land-grab going on” among domain speculators.
It was a bit of a silly question, if you ask me. A speculative land-grab is pretty low down the list of concerns held by critics of the new gTLD program. Regardless, Chehade replied:

The reality is, the more there are names, the less people will actually be hogging names in order to charge a lot for them. Because if somebody took your name on dot X, you can go get another name on dot Y now.

I’d personally agree with that characterization of the program. It’s meant to make finding a good name at a cheap price easier. “Hogging” was probably a poor choice of words, but Chehade was talking off the cuff so I could give him a pass.
But later in the same reply, he used the term “cybersquatting” in such a way as to make it easy to infer he was conflating domain investing with cybersquatting. That’s a loaded term that is usually reserved for trademark infringement, at least when used inside the industry.
Obviously this was guaranteed to get investors’ hackles up.
First up with the hackles was Mike Berkens, who called Chehade out on The Domains, saying he “throws large domain investors under the bus and then backs up the bus and rolls over them again”.
Berkens pointed out, quite reasonably I thought, that ICANN is funded to a great extent by domain investors. He estimates that he alone pays ICANN about $15,000 a year in the fees that are collected at the point of registration and renewal.
By some estimates, which may even be conservative, about a third of new gTLD registrations to date have been made to speculators.
Berkens made the even better point that many of the people who have pumped hundreds of millions of dollars into the new gTLD program — Uniregistry’s Frank Schilling, XYZ.com’s Daniel Negari and multiple Donuts executives, for example — made their fortunes investing in second-level domains.
He concluded:

All and all some pretty ignorant statements in our opinion made by the CEO of ICANN and an insult to those domain investors that are some of the biggest buyer’s of new gTLD’s domain names who have paid ICANN a small fortune over the years allowing them to travel the world, pay millions a year in salary and other benefits.

Phil Corwin Jeremiah Johnston of the Internet Commerce Association followed up a few days ago with an open letter to Chehade which explained the outrage in slightly more formal and lawyerly way, with all the apostrophes in the right places. He wrote:

The ICA objects to your statement as it expresses a disdainful view towards the legitimate activity of domain investing, a hostile view of domain investors who are significant ICANN stakeholders who are deeply affected by its policies, a lack of awareness of the market realities of domains as an asset class, and an unwarranted promotion of new gTLD domains over those at legacy gTLDs.

Domain investors are not “hogs” and they most certainly are not deliberate trademark infringers, or “cybersquatters”. It is not clear what you intended by your reference to “cybersquatting”, though it is concerning that you used this pejorative term just after making disparaging remarks about domain investors.

With all these criticisms in mind, let’s go back and parse what Chehade said in Singapore yesterday.
First, he said his remarks had been wrongly “conflated to signify I was including in this all those who are in the domain name business”.
I’m not sure that’s what happened. I’m pretty certain Berkens and his commenters, and then Corwin Johnston, got the hump purely because Chehade dismissed domain investing as “hogging” and then implied a link between investing and trademark infringement.
Who is Chehade talking about when he draws a distinction between those who “enhance the market” and those who “make the business and the market less attractive”?
Is the line drawn between the trademark infringers and the legitimate investors, or its it drawn somewhere else?
Why did Chehade go on to express his support for the DNA, a sell-side trade group funded largely by registries and registrars? Was he drawing the line between regular second-level domainers (hogging) and those that in many cases are essentially just top-level domainers (enhancing)?
Chehade was given the opportunity to backtrack and he didn’t take it.
I’m not a domainer, but if I were I don’t think I’d be particularly satisfied about that.

Overworked ICANN community “at breaking point”, Chehade warns

Kevin Murphy, February 9, 2015, Domain Policy

The volunteers that do the bulk of the policy-development work at ICANN are are suffering from “burnout” and are at “breaking point”, CEO Fadi Chehade said during the opening ceremony of the ICANN 52 public meeting in Singapore today.
“This community — we’re hearing this from many of your leaders — is reaching a bit of burnout. And we in the staff are responsible to support you better so that we can manage the workload that you’re all feeling,” Chehade said.
A session later today will demonstrate some of the tools and processes ICANN plans to put in place to alleviate the load, he said.
Much of the work in ICANN’s supporting organizations is done on a volunteer basis.
ICANN’s tendency to spawn new working groups, roles and committees on an almost fractal basis, and the relative lack of people willing to shoulder the burden of endless teleconferences and sprawling mailing lists, has long been an issue for the community.
Not only does ICANN have to do the work of making DNS policies, it also undergoes a permanent process of self-analysis and review, which eats up time. That has been especially pronounced as ICANN prepares for its probable transition away from US government oversight.
Chehade gave an example of a key community member who showed up uncomplainingly to an important meeting despite suffering a personal tragedy just a day earlier.
“This community is a very unique community. The volunteers that make up ICANN are essentially the spirit of ICANN,” Chehade said. “This is who we are. But this is the beauty of ICANN. This is what makes us very special, and I know that our volunteers are at break-point, but let me tell you, there is no better community.”

Human glitch lets hackers into ICANN

Kevin Murphy, December 17, 2014, Domain Policy

It’s 2014. Does anyone in the domain name business still fall for phishing attacks?
Apparently, yes, ICANN staff do.
ICANN has revealed that “several” staff members fell prey to a spear-phishing attack last month, resulting in the theft of potentially hundreds of user credentials and unauthorized access to at least one Governmental Advisory Committee web page.
According to ICANN, the phishers were able to gather the email passwords of staff members, then used them to access the Centralized Zone Data Service.
CZDS is the clearinghouse for all zone files belonging to new gTLD registries. The data it stores isn’t especially sensitive — the files are archives, not live, functional copies — and the barrier to signing up for access legitimately is pretty low.
But CZDS users’ contact information and login credentials — including, as a matter of disclosure, mine — were also accessed.
While the stolen passwords were encrypted, ICANN is still forcing all CZDS users to reset their passwords as a precaution. The organization said in a statement:

The attacker obtained administrative access to all files in the CZDS. This included copies of the zone files in the system, as well as information entered by users such as name, postal address, email address, fax and telephone numbers, username, and password. Although the passwords were stored as salted cryptographic hashes, we have deactivated all CZDS passwords as a precaution. Users may request a new password at czds.icann.org. We suggest that CZDS users take appropriate steps to protect any other online accounts for which they might have used the same username and/or password. ICANN is providing notices to the CZDS users whose personal information may have been compromised.

As a victim, this doesn’t worry me a lot. My contact details are all in the public Whois and published on this very web site, but I can imagine other victims might not want their home address, phone number and the like in the hands of ne’er-do-wells.
It’s the second time CZDS has been compromised this year. Back in April, a coding error led to a privilege escalation vulnerability that was exploited to view requests by users to new gTLD registries.
Also accessed by the phishers this time around were several pages on the GAC wiki, which is about as interesting as it sounds (ie, not very). ICANN said the only non-public information that was viewed was a “members-only index page”.
User accounts on the ICANN blog and its Whois information portal were also accessed, but apparently no damage was caused.
In summary, the hackers seem to have stolen quite a lot of information they could have easily obtained legitimately, along with some passwords that may allow them to cause further mischief if they can be decrypted.
It’s embarrassing for ICANN, of course, especially for the staff members gullible enough to fall for the attack.
While the phishers made their emails appear to come from ICANN’s own domain, presumably their victims would have had to click through to a web page with a non-ICANN domain in the address bar order to hand over their passwords.
That’s not the kind of practice you’d expect from the people tasked with running the domain name industry.

As another group rejects proposal, is NETmundial stillborn?

Kevin Murphy, December 5, 2014, Domain Policy

The nascent NETmundial Initiative appears to be in dire straits already, just weeks into its existence, after another influential internet governance body decided against joining.
The Internet Architecture Board, which holds ultimate responsibility for the Request For Comment standards that help the internet remain interoperable, said yesterday that it will not join NetMundial, saying it is “not needed”.
The IAB’s rejection of the initiative follows that of the Internet Society, which said last month that the way NETmundial was being formed was not transparent, bottom-up or decentralized.
NETmundial is deliberately and self-consciously not related to domain names, which is why I’ve paid it scant attention recently, but I think it’s worth a mention because it is the brainchild in part of ICANN CEO Fadi Chehade and the subject of some discussion at ICANN meetings.
The idea behind the initiative is to create a policy body that can look at cross-border internet governance issues not already dealt with in fora such as ICANN or the IETF.
Chehade has been particularly enthusiastic about it as it could create a way to prevent special interests attempting to strong-arm ICANN, as the only “internet governance” entity out there with any real power, into making policies outside of its narrow remit.
The group was founded by ICANN, the government-linked Brazilian Internet Steering Committee and the World Economic Forum. Its name is borrowed from the NETmundial meeting, a policy talking shop that took place in Sao Paolo with the support of the Brazilian government this April.
But it’s come in for criticism for lacking true bottom-up organization.
The original plan was for a Coordinating Council to be created, comprising 20 people from four sectors and five geographic regions, to be selected by ICANN, the WEF and Brazil from a raft of self-nominated individuals.
There were to be another five permanent seats — three for the three organizers, one for the I* technical standards bodies and one for the Internet Governance Forum — but this was reportedly abandoned after ISOC expressed its disapproval of the plan.
Indeed, with the IGF also expressing misgivings about the Council’s make-up, there was the very real possibility of two of the five permanent seats sitting empty.
So far, just 10 days shy of the December 15 deadline, only 20 nominations have been received for the regular council. Four seats currently have no volunteers and four are contested by two people.
There hasn’t been much in the way of contributions to policy discussions either (though this is perhaps understandable for such a young initiative). So far, only two people have put forward ideas for discussion topics. On relates to brain-computer interfaces and the other to cyberbullying.

Community proposes way to replace US oversight of ICANN

Kevin Murphy, December 2, 2014, Domain Policy

The process of removing the US government from management of the DNS root system took a significant step forward today, with the publication of a community proposal for a transition.
The Cross Community Working Group, which convened itself earlier this year, has published a proposal to replace the US with a new contracting company and a bunch of committees.
The DNS community has been tasked with coming up with a way to transition stewardship of the IANA functions from the US National Telecommunications and Information administration, which said in March this year that it intends to relinquish its historic, but largely symbolic, Damoclean role.
After discussions which by any measure of ICANN policy-making have been forcibly swift, the 119-member CWG has now presented two broad options.
The first, a description of which forms the bulk of its report, would see ICANN overseen by a new, lightweight non-profit company managed by multi-stakeholder committees.
The other, which doesn’t get much airplay in the document, would see ICANN simply take over the NTIA’s responsibilities entirely. Accountability would be provided by enhanced accountability processes within the existing ICANN structure.
Under the primary proposal, the CWG was keen to avoid creating something ICANN-like to oversee ICANN, due to the complexity and cost, but it also decided that ICANN remains the best place to house the IANA function for the foreseeable future.
It’s proposed a new company, known currently as “Contract Co”, that would be replace the NTIA as the party that contracts with ICANN to run IANA. It would have “little or no staff”.
The contract itself would be developed and overseen by a Multistakeholder Review Team, comprising people drawn from each area of the ICANN community.
The precise make-up of this MRT is still open to discussion and will be, I suspect, the subject of some pretty fierce debate as the various competing interest groups wrestle to have themselves with the strongest possible representation.
Like the NTIA, the MRT would have the power to pick another entity to run IANA in future, should ICANN screw up.
A new Customer Standing Panel would comprise executives from gTLD and ccTLD registries — the “customers” of IANA’s naming functions — and would have the job of relaying the concerns of registries to the MRT, keeping ICANN accountable to its primary users.
Finally, there’d be an Independent Appeals Panel. Any IANA decision — presumably including the delegation or redelegation of a TLD — could be appealed to this IAP. This function would very probably be outsourced on a case-by-case basis to an existing arbitration body.
Is this worrying? Arbitration panels handling new gTLD disputes haven’t exactly inspired confidence in their ability to provide consistent — or even rational — decisions over the last year or so. Should the last word on what goes into or stays out of the DNS root really go to the same folk who think .通販 and .shop are too confusingly similar to coexist on the internet?
There doesn’t appear to be anything massively surprising in the proposal. When ICANN or its community try to solve a problem the answer is usually a new committee, and the ideas of MRTs, CSPs and IAPs do seem to mirror existing structures to an extent.
The whole thing can be downloaded and read over here.
There’s a December 22 deadline for comment. It will be submitted to the IANA Stewardship Transition Coordination Group by the end of January, with a view to getting a final proposal to the US government next summer in time for the hoped-for September 30 handover date.

ICANN meetings in for big shake-up, more dancing

Kevin Murphy, November 24, 2014, Domain Policy

Could you tolerate an eight-day ICANN meeting?
Could you get all your work done in just four days?
Would you be happy to wait up to nine months between Public Forums?
Do you want to see more regional dancing during ICANN opening ceremonies?
These are question you’re going to have to start asking yourself, because come 2016 ICANN meetings are in for a big change.
Recommendations adopted wholesale by the ICANN board last week would scrap the three six-day meetings schedule and replace it with one six-day meeting at the start of the year, one four-day meeting in the middle and one eight-day meeting towards the end.
The first of the year would be formatted pretty much the same as all meetings are currently.
The second, however, would scrap formalities such as the opening ceremony, as well as the Public Forum and public board meeting. Instead, the focus would be on policy development work within and between advisory committees and supporting organizations.
The final meeting of the year, the AGM, would add two extra days to the regular schedule for outreach sessions and SO/AC policy-making. There would be two Public Forum sessions, one immediately after the opening ceremony on day three, the other on day six as usual.
As this would be the official outreach “event” of the year, the opening ceremony would usually have some display of local culture, such as music or dance. That was once a staple of ICANN meetings, but we haven’t seen much of it the last couple of years.
The shake-up was recommended in a report published by the Meeting Strategy Working Group in February and adopted in its entirely by the ICANN board last week.
The third meeting of the year would be “would have a focus on showcasing ICANN’s work to a broader global audience”, according to the report. It would have an anticipated attendance of over 2,000 people and would therefore likely be held in a large hub city.
The smaller (it is anticipated) second meeting, with its reduced focus on formality and outreach, would (contrarily) be able to visit cities with smaller facilities, perhaps in parts of the world ICANN has not been able to visit before, the report says.
To be honest, I’m not really sure whether what’s been adopted will be any better than what’s in place today.
I’m pretty certain of one effect, however: if bombshells are dropped shortly after the first meeting of the year, you’re looking at somewhere between seven and nine months before you’ll be able to stand at a mic and yell at the ICANN board about it in public.