Ombudsman asks DCA to simmer down after .africa conflict of interest complaint

ICANN’s Ombudsman dismissed a complaint from DotConnectAfrica about alleged conflicts of interest on ICANN’s board of directors, but scolded DCA for its “intemperate” blog posts.
DCA complained in October that two members of the board — Mike Silber and Chris Disspain — have conflicts of interest in relation to the contested .africa gTLD.
DCA has applied for .africa without notable government support, whereas South African registry Uniforum has applied with formal backing from most African governments.
According to DCA’s complaint, as described by Ombudsman Chris LaHatte in a new blog post, Disspain and Silber somehow have conflicts of interest related to this contention set.
Silber is treasurer of ZADNA, the South African domain name authority, which oversees .za policy and ergo Uniforum’s ccTLD business, which is arguably a close connection to the .africa applicant.
Disspain is CEO of auDA, which oversees policy for Australia’s .au ccTLD and therefore has a relationship with AusRegistry, a major back-end provider for new gTLD applicants.
It’s not at all obvious what the alleged conflict of interest related to .africa is in Disspain’s case.
When LaHatte asked DCA executive director Sophia Bekele to explain the precise nature of the conflicts, he did not receive any information beyond identification of these two employment connections, both of which are already fully disclosed by ICANN.
Both men are members of the board’s New gTLD Program Committee, which wields the board’s power over the new gTLD program and is designed to comprise only non-conflicted directors.
LaHatte blogged that he was unable to find any discussion of .africa in any board or committee meeting minutes — because ICANN has not discussed any individual gTLD applications yet — and was therefore unable to find any unfair treatment of DCA.
Dealing with unfair treatment is of course the Ombudsman’s job. LaHatte concluded:

I consider that no disqualifying conflict of interest, or indeed any conflict of interest at all, is present in the actions of both Chris Disspain and Mike Silber. It is likely this complaint has led to increased awareness of the possibilities of conflict of interest, which the Board will carefully consider in terms of the existing policy about conflict, when the issue arises. I consider this should continue to be a matter for consideration in gTLD decision making by the Board.

But the Ombudsman also, it seems, had some concerns about the nature of DCA’s lobbying campaign over the last several months, which has been as vitriolic has it has been scattershot.
As previously noted, some of its allegations against its .africa rival have been baffling.
LaHatte clearly picked up on the tone of the debate also, blogging:

There has been considerable amount of discussion on blogs, Twitter and other sites and in comments on the ICANN website in relation to the new .africa gTLDs applications. Regrettably much of the discussion has been intemperate.
…
An aspect of this application has been the unfortunate tone of much of the debate on various websites blogs and other places. During the course of this investigation I discussed this with Sophia Bekele (at the Toronto meeting) and suggested that perhaps a less aggressive approach would be appropriate. She readily agreed to this.
The discussion and debate continues to be fairly vigorous, but I would suggest to the competing parties for .africa that they should pay attention to the ICANN rules about respectful communication.

As Uniforum has said little, and DCA a lot, I can also assume that the blog posts being referred to are DCA’s.
The company has for several months regularly posted often incomprehensible allegations on its blog, usually in multicolored text with liberal use of italics and bold.
Bekele was also last week rumbled using a fake identity on a mailing list to support DCA’s position.

.africa gTLD applicant caught using fake identity

DotConnectAfrica executive director Sophia Bekele has been rumbled using a fake identity to post to an ICANN mailing list, but says she did so due to “hatred” from other posters.
Members of the AfrICANN list discovered this week that a poster going by the name of “Lerato Ma” had Bekele’s name in her email headers.
Over several months, “Ma” had frequently defended DCA, which is locked in a bitter contention battle over the .africa gTLD.
Bekele told DI that she had been forced to used a pseudonym due to the hostility she’s experienced on the list when posting under her real name.
“The open display of hatred, aggression and personal anonymity [sic] towards my person and DCA is compelling me to post under Lerato Ma,” she said in an email.
“There is nothing to hide, it is just to protect myself from all that aggression,” she added. “It is not an important issues for us.”
AfrICANN is not an official ICANN mailing list, nor does it have any power. It’s hosted by Afrinic, the African IP address registry, and is used to discuss issues related to ICANN in Africa.
Unlike most ICANN mailing lists, which operate under a code of acceptable behavior, it has a fairly rough-and-tumble tone to it. Bekele and DCA are sometimes mocked by name.

DotConnectAfrica responds to DI .africa rant

DotConnectAfrica has published a lengthy retort to DI’s recent post about the (probably) contested .africa gTLD, in which I accused DCA of being disconnected from reality.
You can read my original post here and the DCA response here.
According to DCA, DI’s post was “unprofessional, unwarranted, and sub judice to the ICANN evaluation process”, because it pointed out that Uniforum’s competing bid for .africa stands the best chance of being approved by ICANN.
Having read DCA’s response, I stand by what I wrote.
Geographic gTLDs are governed by special rules at ICANN. They need government support. Nobody disputes this.
In the case of .africa, which covers a lot of countries, support or non-objection from 60% of the relevant governments is required. I don’t think anyone is disputing this either.
Uniforum’s application has this March 2012 letter (pdf) from the African Union Commission, which provides the AUC’s explicit, unambiguous, exclusive support to Uniforum.
Uniforum also claims to have individual support from the required 60% of nations, though I have not seen documentary evidence of this.
DotConnectAfrica, on the other hand, has a August 2009 letter from AUC chair Jean Ping, which expresses support for the DCA application.
It is this 2009 letter that DCA is relying upon to pass the geographic support test in the ICANN evaluation process. In its latest blog post, DCA said, addressing DI:

If you state openly in your Blog that our 2009 endorsement that we got from the African Union Commission does not count, then you are obviously playing the same game that was started by our detractors who have been trying all along to deny and invalidate our hard-won endorsement in order to frustrate DCA’s chances of applying for DotAfrica. It is our sacred responsibility to make sure that our early-bird endorsement from the African Union Commission counts.

In response, all I can say is: “Good luck.”
The Uniforum letter of support, which is more recent by almost three years, states that it is “the only formal endorsement provided by the African Union and its member’s states with regard to dotAfrica.”
On the other hand, the DCA letter of support was “categorically” retracted by the African Union in this May 2011 communication.
The only possible interpretation of this, in my mind, is that Uniforum has African Union backing and that DCA does not.
Unless there’s some obscure nuance of African politics that I’ve failed to comprehend, I don’t think there’s a thing DCA can do to change that fact.
It sucks for DCA, but that’s the way it is.
As for DCA’s insinuations that DI’s position has somehow been bought, I’ll just say for the record that no opinion that has ever been expressed on DI has ever been paid for by a third party.
Over the last couple of years, I’ve probably turned down somewhere in the region of $20,000 from various parties who wanted me to give them favorable coverage in exchange for payment.
That’s just not how things work around here.

Unbelievably, .africa will be contested

The .africa top-level domain may well be unique — the only geographic gTLD to be contested.
DotConnectAfrica, which has been campaigning for .africa for years, has confirmed that it has applied for the string, despite the fact that another bidder has support of the African Union.
DCA chief Sophia Bekele blogged:

because of the history of the DotAfrica gTLD and our experience during the ‘Yes2DotAfrica’ promotional campaign, we anticipate a prolonged process

The AU in February announced that it was providing its support to a .africa application from UniForum, the South African ccTLD registry.
DCA had previously secured what appeared to be a letter of support from an AU official, but it has since been withdrawn.
According to ICANN’s Applicant Guidebook, if you want to run a geographic gTLD representing multiple countries, you need the express support or non-objection of 60% of those countries.
I’m pretty certain DCA doesn’t have this support, but the AU’s membership does include more than 60% of the nations in Africa.
Is DCA applying in order to get a pay-off from the Uniforum bid? It’s possible, but without the required government support its negotiating position appears to be pretty weak.
Expect objections.

Sedari working on .africa gTLD bid

Sedari has been contracted to support the controversial African Union-backed .africa top-level domain application.
The new gTLD specialist will supply UniForum with its usual suite of financial, technical and policy support services, Sedari said today.
South Africa-based UniForum was given approval for its .africa bid by the AU last week, raising questions over a longstanding rival application by DotConnectAfrica.
UniForum is already responsible for South Africa’s .za country-code top-level domain.

UniForum selected for .africa gTLD app

UniForum, the South African .za domain name registry operator, has reportedly been selected to run the proposed .africa generic top-level domain.
The African Union announced the appointment today, following a December tender, according to a report on MyBroadband.co.za.
In a sane world, the deal would sound the death-knell for DotConnectAfrica’s long-running campaign to run .africa, but DCA recently has been making noises about applying with or without AU support.
The ICANN Applicant Guidebook is pretty clear when it comes to .africa – it’s a protected geographic term that will require the support of 60% of the affected nations to be approved.
It’s less clear whether AU backing can proxy for individual letters of support from all of those nations, but it’s certainly better than no government support at all.
However, if DCA can get two African governments to object to the AU-backed bid, it might stand a chance at getting a piece of the .africa action.
DCA had a letter of support from the AU dated August 2009, but it was retracted last year. The company has spent the last several months alleging cronyism as a result.
UniForum doesn’t have the best technical reputation in the world. It has managed the .za registry since 1995 but it only switched to an automated, EPP-based shared registry system last year.
Before August 2011, .co.za registrations apparently had to be carried out via email. Let’s hope its new EPP system is up to ICANN’s exacting standards for new gTLDs.

African Union yanks .africa bid support, seeks registries

The African Union has called for registry operators to express their interest in managing the proposed .africa top-level domain.
It has also confirmed that it is not currently backing DotConnectAfrica’s longstanding bid to apply to ICANN to operate .africa.
DCA has for some time been touting its support from a number of African governments, including the AU, which is required for a geographic TLD bid to be approved by ICANN.
But the AU said in a statement last week:

The AU Commission was at some point approached by an organization now known as DCA seeking endorsement and support for in its bid to use of the domain name.
…
The AU Commission would like to hereby categorically state that it is not supporting any one individual or organization in this bid.

The statement glosses over the August 2009 letter from AU Commission chairman Jean Ping, which offers to aid DCA with its efforts to gain government support for .africa.
With its support for DCA no longer applicable, the AU yesterday issued its official call for Expressions of Interest from experienced registry operators:

DotAfrica will serve a community which spans over a large portion of region, therefore providing registrants with accrued possibilities for establishing their Internet presence. It is expected that the Africa small and medium size enterprises will greatly benefit from DotAfrica, as they thrive beyond their local markets to invade the regional and continental marketplace.

The EOI does not set out any guidance on what the AU expects to see in a proposal – it doesn’t even specify whether it’s looking for a sponsor or a back-end operator – it merely asks for audited financial statements and a potted corporate bio.
The deadline for the EOI is June 3.
The .africa bid has become fiercely political recently, with DCA throwing around accusations of corruption and back-room dealing.
Its outrage has been centered largely on an AU task force on .africa that was created last November, and its chairman, Nii Quaynor.
He is the registrant of dotafrica.org, which was previously used in a .africa bid that competed with DCA’s.
Other task force members are involved with AfTLD, the African ccTLD association that has also announced it is preparing a .africa bid.
In a blog post this week, DCA calls for the task force to be abandoned.

“Corruption” claims as .africa fight heats up

The fight for the right to run .africa as a top-level domain has been heating up in recent weeks, culminating today in claims of “corruption” and “large-scale illegality”.
A organization called DotConnectAfrica has been mustering support for .africa for a few years, but since March it has faced a rival bid from AfTLD, an association of African country-code TLDs.
The contest has already degenerated into quite a fierce war of words, with allegations of corruption coming from one side and counter-claims of FUD coming from the other.
DCA claims the AfTLD initiative is using “double-dealing” to “unfairly” win the endorsement of the African Union, while AfTLD says DCA is using “intimidation” to get its way.
Under ICANN’s proposed rules, any entity that wants to apply for a TLD purporting to represent a large geographic region must secure the support of 60% of the nations in that region.
It’s not explicit, but it’s quite possible that African Union support may cover this requirement. Backing from the AU therefore could be the deal-breaker for .africa bidders.
DCA has a letter, signed by AU Commission chair Jean Ping, dated August 2009, which offers to support the DCA application.
But there’s good reason to believe that this support may have been revoked last year, and that the AU Commission has opened up its options once more.
The Commission last November annnounced (pdf) a new Task Force, charged with finding an entity to act as the official applicant for .africa when the ICANN new gTLD program opens.
DCA seems to believe that this Task Force has been captured by supporters of the rival AfTLD bid. In a press release today, it says:

there is a dangerous nexus between a certain cabal within the AU Task Force on Dot Africa and the AfTLD – and this nexus has been established in order to disingenuously facilitate ‘insider’ help for AfTLD’s Expression of Interest to the AU and prospective bid to ICANN.

The release goes on to make a number of allegations, such as:

AU Task Force members on DotAfrica are also advisors and confederates of AfTLD. DCA believes that such affiliations are unwholesome and foster corruption, nepotism, abuse of office, and large-scale illegality.

DCA appears to be concerned (to put it lightly), that some of the members of the AU Commission Task Force appear to have conflicts of interest.
The Task Force’s chair, Pierre Dandjinou, and its vice-chair, Nii Quaynor (a former ICANN director) have both previously put their names to a different and now apparently defunct .africa project that also intended to compete with DCA for .africa.
Another member of the Task Force, Abibu Ntahigiye, manager of Tanzania’s .tz domain, also appears to sit on the executive committee of AfTLD as its treasurer.
I’m not sure if any of this cross-pollination meets the definition of “corruption” or “illegality”, but I can understand why DCA is worried.
The DCA press release follows an AfTLD meeting in Ghana last month at which attendees were urged to “don’t believe what others claim” and “entertain no intimidation” when it comes to the .africa contest.
A presentation (pdf) delivered by AfTLD general manager Vika Mpisane says: “AfTLD, just like the AU, recognizes no any alleged pre-endorsements of any alleged bidder by the AU.”
Mpisane has been quoted recently heavily implying that DCA plans to put its commercial interests before the good of Africans, saying:

On one side is the self-serving commercial interest that some entities are already championing; these are entities that are in it purely for the money; on the other side is a community-serving commercial interest that most of the African internet community prefers.

AfTLD says it recently closed an RFP for a back-end registry provider to join its bid for .africa (and .afrique, which it also plans to apply for) and will announce the winner soon.
The AU Commission is expected to launch an RFP for a registry manager to endorse.

Competition for .africa heats up

AfTLD, an organization of African country-code top-level domain operators, has announced its intention to apply to ICANN for the .africa TLD.
The initiative appears to be different to and competitive with the best-known .africa applicant to date, Sophia Bekele’s DotConnectAfrica.
AfTLD said that it plans to seek a mandate for .africa from the Commission of the African Union. It also expects to discuss forming a company to manage the bid at a meeting in Ghana next month.
Vika Mpisane, AfTLD’s chairman and general manager of South Africa’s .za ccTLD, said in a press release:

We are not just interested in .africa only, but we want to also take on .afrique, which is the French version of .africa. It’s only natural for us to do this because at least 50% of Africa speaks French. We also intend to have an internationalised version of .africa as well because we have significant Arabic Africa population, but we will start definitely with .africa first.

AfTLD shortly intends to announce a “leading registry services provider” to run its back-end, but indicated that in future it would expect to run the registry from within Africa.
The current version of ICANN’s new TLDs Applicant Guidebook sets the bar for a .africa bid very high, in practice possibly requiring near-universal governmental support.
A bidder for this kind of protected geographic term would require letters of support from 60% of the nations concerned. For Africa, as the Guidebook defines it, that’s about 34 countries.
However, crucially, if more than one African government were to object in writing to any given .africa application, that bid could be killed off.
AfTLD has 24 ccTLD registry members. They’re not all government-run TLDs, of course, so it doesn’t necessarily follow that it already has 24 countries on board.
A key question is whether endorsement of a bid by the African Union could be interpreted as blanket approval from all of its 53 member governments. I don’t think that’s a given, under the letter of the Guidebook.
But if it is, DotConnectAfrica may already be there. It has a signed letter from AU Commission chairman Jean Ping, dated August 2009, that endorses its specific bid.

Dot Africa needs a registry

DotConnectAfrica, one of the organizations planning to apply to ICANN to run .africa as a new top-level domain, has put out its feelers for a technical back-end partner.
In a press release, DCA today solicited expressions of interest from registry services providers. “Presence and/or experience in developing markets” is said to be “preferred but not a must”.
I expect there will be quite a few EOIs winging their way to the company in the next few days.
The whole of Africa only has about 110 million internet users currently. But with only 11% penetration, there’s pretty good growth potential. And chances are there’s not a great deal of ccTLD lock-in yet.
The nearest equivalent existing TLD is .asia, which has about 185,000 active registrations.
That’s less than half as many as .asia had post-landrush, but still represents a nice chunk of change for a back-end provider that does not have to pony up the cash for marketing.
DCA is one of two organizations known to be pursuing a .africa bid, and easily the highest-profile of the two. The other is called Dot Africa.
As a geographical name protected by ICANN’s new TLDs Applicant Guidebook, .africa will only be awarded to an applicant with proven governmental support.
That likely means that it will be the African Union, not ICANN, that ultimately decides the winner. In this slide deck, DCA says it has support from the AU and from 20% of African governments.