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“Frat boy culture” ICANN faces more sexual harassment claims

Kevin Murphy, August 19, 2024, Domain Policy

One of ICANN’s longest-serving employees has sued the Org and her old boss, claiming she suffered from years of sexual harassment and discrimination and was then laid off after she complained about her treatment.

The harassment claims relate to two male former ICANN employees and cover alleged behavior from off-color sexual jokes to groping, what the complaint calls “severe and outrageous sexual harassment and sexual assaults”.

But the suit also describes a broader “frat boy culture” at the Org that allegedly under-pays women and overlooks them for promotion while turning a blind eye to complaints about inappropriate behavior by male colleagues.

The suit seeks $77 million in damages and lists 14 causes of action under harassment and employment law, as well as a defamation claim against an outside lawyer ICANN hired to investigate the original complaints.

“Many of the allegations in the complaint are untrue and we will defend our organization and our policies vigorously,” ICANN said in a statement issued after the lawsuit was first reported by local Los Angeles press.

The complainant is Tanzanica King, former meeting strategy and design director, who worked at ICANN for 22 years — the second longest-serving employee — before being laid off a few months ago. She’s given her consent to be named in this article.

Her complaint says:

In exchange for her dedication, [King] has been subjected to the frat boy culture, having been repeatedly passed over for promotions, paid lower salaries than male colleagues, sexually harassed, and then wrongfully terminated for blowing the whistle. For all its poetic waxing of gender equality, ICANN is a rotted apple veiled by a thin shiny veneer.

On the harassment claims, King’s suit covers alleged incidents from 2006 to 2023, mainly involving her direct supervisor on the meetings team, who left ICANN earlier this year. The complaint says he was fired due to the harassment.

The complaint says King’s boss “sexually harassed and sexually assaulted Plaintiff on the basis of her gender, including, without limitation, making unwanted sexual advances and engaging in unwanted verbal and physical conduct of a sexual nature”.

The complaint says that ICANN’s top lawyers and HR department “turned a blind eye” to complaints from herself and other colleagues about this alleged behavior over the years.

It adds that interim CEO Sally Costerton this year “disregarded Ms. King’s privacy” and shared details of her complaints with the “entire executive team” after the alleged harasser was fired.

King herself took unpaid medical leave last December — she says due to the toll her experience at ICANN took on her — and lost her job during ICANN’s round of layoffs this May.

A female external lawyer hired by a female ICANN lawyer in May last year to investigate King’s complaints is accused of instead trying to victim-blame and cover up the allegations in order to “hide the facts from the Board of Directors”.

A large portion of the complaint seeks to paint the Org as a “good old boys” club, in which male employees with less time served were either promoted earlier or paid more than King.

The complaint also talks about alleged sexism in the broader ICANN community, referring to a 2018 survey of community members that found that some male ICANN meeting attendees have behaved inappropriately around female peers.

ICANN has spent years trying to portray itself as a female-friendly organization in the traditionally male-heavy tech sector, not too many years ago introducing an anti-harassment policy to sit alongside its long-standing Expected Standards of Behavior.

It has recently trumpeted the fact that its CEO and chair are both currently female, and chair Tripti Sinha has talked about her desire for “gender parity” on the board of directors, something that has yet to be achieved.

Here’s ICANN’s statement in response to the lawsuit in full:

ICANN has been sued by a longtime former colleague. The ICANN Board conducted a thorough independent investigation into the matters the plaintiff previously reported to ICANN. Many of the allegations in the complaint are untrue and we will defend our organization and our policies vigorously. Our arguments will be made in the proper venue.

ICANN strives to create a positive, safe, and inclusive work and community environment, and is committed to the highest possible standards of ethical, moral, and legal business conduct. ICANN enforces this through a zero-tolerance policy toward harassment, discrimination and retaliation.

This is at least the third time ICANN has been subject to legal proceedings related to alleged sexual harassment of female employees by more-senior male employees in the last five years.

Here’s King’s complaint (pdf) in full.

ICANN U-turns on appeals loophole after community revolt

Kevin Murphy, August 8, 2024, Domain Policy

ICANN has backtracked and substantially pared down a proposal that could have weakened its accountability mechanisms after most of the community said they didn’t like it.

The Org has published for public comment a proposed amendment to its bylaws that will exclude its new Grant Program from the Request for Reconsideration and Independent Review Process mechanisms.

The amendment would specifically exclude claims “relating to decisions to approve or not approve an application to the ICANN Grant Program” from both procedures.

An earlier proposal would have created a new procedure to enable ICANN to also exclude other programs from accountability in future, if certain conditions were met.

But the community largely reacted with revulsion to that proposal, saying they could not support something so overly broad, forcing ICANN to narrow it down to the Grant Program only. ICANN needs the support of its sovereign Empowered Community if it wants to amend its fundamental bylaws.

The $220 million Grant Program is seeking to distribute ICANN’s new gTLD auction funds to worthy causes, but there was a fear the cash could be siphoned off by lawyers if unsuccessful grant applicants were allowed to trigger the accountability mechanisms.

The revised language is likely to be much more palatable to the community, based on previous comments.

The public comment period is open until September 16.

Two out, two in as NomCom picks new ICANN directors

Kevin Murphy, August 5, 2024, Domain Policy

Two ICANN directors will lose their seats on the board and be replaced by newcomers at the Org’s annual general meeting later this year.

Vice chair Danko Jevtović and Edmon Chung, who have served two and one of the maximum three three-year terms respectively, will depart, according to the announcement of this year’s Nominating Committee picks.

They will be replaced by Amitabh Singhal, from the Asia-Pacific region, who I believe is an Indian internet policy expert who founded .in registry NIXI and also sits on the board of .org manager Public Interest Registry.

Also named, Miriam Sapiro, who I can only assume is Ambassador Miriam Sapiro, a US Trade Representative under the Obama administration who also held a senior policy role at Verisign for a couple of years two decades ago before leaving on acrimonious terms.

Chair Tripti Sinha of North America has also been reappointed for a final term.

The noobs, who both seem incredibly well-qualified for their new roles, will take their seats for the first time at the end of ICANN 81 in Istanbul in October.

It’s official, .internal is blocked forever

Kevin Murphy, August 1, 2024, Domain Policy

ICANN has formally confirmed that the gTLD .internal will never be delegated.

Its board of directors resolved earlier this week that it “reserves .INTERNAL from delegation in the DNS root zone permanently to provide for its use in private-use applications.”

It went on to recommend “that efforts be undertaken to raise awareness of its reservation for this purpose through the organization’s technical outreach.”

The idea is to give organizations a gTLD that they can use behind their firewalls that they can be sure will never become a public-DNS gTLD in future, which would carry the risk of name collisions and data leakage.

The string “internal” was picked in January over .private and put out for public comment to murmurs of approval.

The move means nobody will be able to apply for .internal in future new gTLD application rounds.

ICANN swaps out Asia VP

Kevin Murphy, July 29, 2024, Domain Policy

Jia-Rong Low, VP of stakeholder engagement and managing director for the Asia Pacific region, has quit ICANN and will leave next month.

An 11-year veteran of the Org, Low was the second hire in the Singapore office where he was based, ICANN interim CEO Sally Costerton said in a statement.

He will be replaced by an internal appointment, Samiran Gupta, who is currently VP for the South Asia region. Gupta has been employed off-and-on by ICANN since 2014.

July 30 update: Low is to join APNIC as its new director general in October.

Smaller, more intense ICANN meetings with no free cocktails?

Kevin Murphy, July 25, 2024, Domain Policy

ICANN has floated the idea of hosting smaller, more focused meetings that eschew tedious PowerPoint presentations and do away with the free cocktail receptions.

Seeking to eliminate $10 million from its annual budget, management recently reached out to community leaders to see if they can put their heads together to make ICANN’s public meetings less expensive.

Ideas include scrapping one of the thrice-yearly in-person meetings entirely and replacing it with a virtual-only event, along the lines of the seven that were held over Zoom during the recent coronavirus pandemic.

The suggestions appear in a “How We Meet” discussion paper (pdf), presented as a jumping-off point for community discussions rather than a top-down edict.

Straight to the important stuff: ICANN is proposing to “reduce or eliminate ICANN-hosted or ICANN-sponsored social and outreach events” such as receptions, group dinners and other social networking events.

ICANN could seek third-party sponsors for these kind of events or, horror of horrors, operate a “cash bar”, the document states.

No more free booze!

If cost-conscious alcoholics have a reason to be concerned, it’s arguably worse news for community time vampires who enjoy nothing more than sucking up 45 minutes of their hour plodding through a PowerPoint explaining what their group has been up to since the last meeting.

The document suggests focusing meetings on “timely topics”, such as those with upcoming deadlines, that require “interactive dialogue in a hybrid format”, and cutting some of the extraneous nonsense.

Therefore, “extensive slide presentations, updates, and meetings (including between ICANN staff and community groups) that do not clearly require in-person or hybrid interactions will not be scheduled”, the document suggests.

Speaking as a remote participant in recent years, I’ve often chose to wait for session recordings to become available, rather than listening live, precisely so I can fast-forward through that kind of thing. That’s obviously not an option for an in-person attendee, many of whom are there on ICANN’s dime.

The document also suggests getting rid of “informational and training” events, such as the “How It Works” sessions, which it says “incur significant costs” but have “limited participation”.

ICANN is also floating the idea of reducing the number of sessions overall, and grouping constituency-specific sessions into a tighter schedule over fewer days (presumably in order to slash the hotel bill).

But the biggest shake-up of them all is arguably the idea of reducing the number of full in-person community meetings from three to two, with the cut meeting replaced with a virtual one.

Given the shared experiences from seven, consecutive Virtual Public Meetings during the pandemic and the costs of a hybrid ICANN Public Meeting, it may be timely to discuss whether there is, in fact, a current need to have three in-person/hybrid ICANN Public Meetings each year, or whether the community can work just as effectively if at least one of these meetings is conducted virtually.

It does not say which meeting could be cut, but points out that reducing the number of public meetings may increase the need for smaller, intersessional events that focus on individual constituencies or topics.

The discussion document will inform a series of calls interim CEO Sally Costerton will hold with community leaders over the next month or so. Any consensus reached could be acted up as early as September.

Private auctions to be banned in next new gTLD round

Kevin Murphy, July 25, 2024, Domain Policy

ICANN plans to ban private auctions in the next new gTLD application round, chair Tripti Sinha has told governments.

The board of directors plans to accept the Governmental Advisory Committee’s recent advice to “prohibit the use of private auctions in resolving contention sets in the next round of New gTLDs”, Sinha told her GAC counterpart in a letter published this week.

This is a significant departure from the 2012 round, where many contention sets were resolved privately, with tens of millions of dollars changing hands. Simply applying for a gTLD, in order to lose an auction rather than actually running a registry, will quite possibly no longer be a business model.

What replaces private auctions is yet to be determined. ICANN plans to publish a paper and hold two community webinars in August to discuss alternatives, and reach a decision at its meeting in early September.

Sinha warned that if it cannot reach a conclusion by the September meeting, it might delay the publication of the Applicant Guidebook and thus the opening of the next application window.

It’s quite an aggressive deadline, given the complexity of the problem. ICANN is essentially trying to figure out a way to prevent unscrupulous actors from attempting to game the system for financial gain.

Ideas such as allowing good-faith joint ventures to be formed between competing applicants have been floated in recent months, but have faced scrutiny as they might permit side-deals to be inked that have the same effect as private auctions.

What seems certain is that “last resort” auctions — where ICANN gets all the money for its already $200 million war chest — will still be an option in the next round, which is current penciled in for the first half of 2026.

ICANN’s board plans to pass resolutions on the matter next Monday, so we should have a little more clarity by the start of August at the latest.

Nominet names director hopefuls

Kevin Murphy, July 22, 2024, Domain Policy

Nominet has named the five people who have put themselves forward for two seats on its board of directors. While there are familiar faces, there are also notable absences.

Ashley La Bolle of Tucows is defending her non-executive director seat and standing for her second term, but fellow NED Simon Blackler, famously of the PublicBenefit.uk campaign, is not.

PublicBenefit.uk resulted in a boardroom bloodbath at Nominet in 2021 and a change of focus for the .uk registry under new management.

Jim Davies, who threatened legal action after being excluded from the 2023 election, is also not on the list.

Rex Wickham of TwentyTwentyMedia, who sits on Nominet’s .UK Registry Advisory Council, is also on the list, along with Rob Golding, who has previously stood unsuccessfully for a NED seat.

Thomas Mangin and David Ward, neither of whom I believe have been candidates in Nominet elections before, round off the list.

Candidates’ election statements appear to be available to members only.

Nominet members get to vote, weighted according to how many .uk domains they manage, from September 23, and the new NEDs take their seats at the company’s AGM the following month.

ICANN to earmark $10 million for new gTLD subsidies

Kevin Murphy, July 18, 2024, Domain Policy

ICANN is planning to give $5 million of its auctions war-chest to new gTLD applicants from less well-off nations and wants community feedback on the idea.

The Org is sitting on over $200 million raised by auctioning gTLDs from the 2012 application round, and thinks some of it could be well-spent on subsidizing applicants in the next round.

It wants to create a $10 million fund for the Applicant Support Program, half of which will come from the auction proceeds and half of which will be covered by the existing program budget.

ICANN says this will be enough to provide “meaningful support for up to 45 new gTLD applicants”.

The auction funds have previously been used to replenish ICANN’s reserve and to launch the new Grant Program, which is making $10 million available with year to worthy, on-topic projects.

Clearly, at that rate, the Grant Program may well never exhaust the auction fund, given the likelihood of future auctions and investment gains over the next couple of decades.

The Applicant Support Program will be open to non-profit or small business applicants in most of the world’s territories, as I previously blogged. In the 2012 round, three applicants applied but only one received the discount.

The request to divert some of the cash into the ASP is not subject to a regular public comment process. Rather, ICANN’s community groups have been asked to send their thoughts to the board directly before August 12.

Americans and ICANNers avoid Kigali in droves

Kevin Murphy, July 15, 2024, Domain Policy

The number of North Americans and ICANN staffers turning up to the latest community meeting hit their lowest numbers since records began, according to newly published ICANN statistics.

In-person attendance plummeted compared to the same meeting last year, and the total number of North Americans collecting lanyards was the lowest since ICANN started tracking these things in 2016.

The number of staffers showing up to ICANN 80 in Kigali, Rwanda last month also tied as the lowest-ever turnout for Org employees.

There were 214 North Americans at Kigali, compared to 612 at the Washington DC meeting a year earlier and 262 at the meeting in The Hague in 2022, which was the first post-pandemic non-virtual meeting.

The previous low was 310, at the ICANN 65 meeting in Marrakech, Morocco.

It’s probably no surprise that many regular attendees stayed away. The shorter, mid-year Policy Forum meetings typically see the lowest in-person participation, and that’s particularly noticeable when the rotation has them held in Africa.

Flight web sites I checked show no direct flights from the US to Kigali. A connection at a European hub is required and you’re realistically looking at over 24 hours of travel time. Asian community members have it a little easier, with connecting hubs available in the Middle East.

For ICANN, the lower number of staff being sent may be indicative of the Org’s latest belt-tightening moves, which recently saw a number of staff laid off.