[NA-Discuss] contemplating "The Role of Civil Society in ICANN"

Beau Brendler beaubrendler at earthlink.net
Wed Nov 2 22:11:31 UTC 2011

   Greetings, all.
   If you have a chance, I would like you to read this paper by Robin Gross:
   I would be interested to discuss it, and will make a brief discussion or
   airing of opinions part of the agenda for our next NA RALO meeting.

     -----Original Message-----
     From: Alan Greenberg
     Sent: Oct 15, 2011 12:17 PM
     To: Eduardo Diaz
     Cc:    Beau    Brendler    ,    na-discuss at atlarge-lists.icann.org,
     staff at atlarge.icann.org
     Subject: Re: [NA-Discuss] DRAFT statement on .pr
     Thanks Eduardo.  I was aware of the general state, but not at that level
     of detail.
     The point I was making, however, is that the statement should not just
     give the history, but some current status as well (although perhaps not at
     that level of detail).
     At 15/10/2011 11:25 AM, Eduardo Diaz wrote:

     In terms of the court proceedings they are at the state of  discovering
     the evidence. In the mean time the manager can still operate the business
     but by court order can not sell the business and make any new investments
     among other restrictions.
     According to IANA they have said that the only way that the .pr ccTLD
     re-delegation can happen is by means of a "hostile re-delegation"  since
     the current operator is not willing to delegate. I have not been able to
     find anything that explains what that procedure is or how is performed.
     The question is: How do you force a re-delegation when the operator owns
     the data?
     On    Fri,    Oct   14,   2011   at   3:29   PM,   Alan   Greenberg
     <[1]alan.greenberg at mcgill.ca > wrote:

          Beau, it would be useful to include in the statement the current
          state of the issue with regard to ICANN, IANA and the courts.
          That is, is there a current dispute/process underway to address this
          and if so, what is the state.
          At 14/10/2011 01:10 PM, Beau Brendler wrote:
          >Hello, all. Here is the statement on the .pr controversy prepared by
          >Eduardo with comments by Garth and final revisions by me. Please
          >read and give feedback promptly. I'd also like Eduardo to look over
          >it carefully to make sure there are no editing errors introduced.
          >The North American At-Large Regional Organization wants to bring the
          >ICANN community's attention to a serious concern regarding
          >management of Puerto Rico's country code top-level domain, .pr,
          >following a June 2011 lawsuit filed by The University of Puerto Rico
          >against the domain's manager alleging misappropriation of public
          >funds and inappropriate ownership claim of the domain, among other
          >In 1988, the U.S. National Science Foundation established a program
          >to expand use of the Internet outside the United States by
          >establishing a domain registration that would allow each country
          >connected to the network to offer access the Internet through that
          >Within that program, the University of Puerto Rico, through its
          >Gauss Research Laboratory in the Natural Sciences department,
          >requested the domain ".pr" (institutional research number 8818283,
          >"Support for the Participation of the University of Puerto Rico in
          >the NSFNet"). This proposal was approved in 1989 and administration
          >of the .pr domain was designated to the "Gauss Research Laboratory"
          >with the university as manager.
          >In 2006, the .pr ccTLD's manager contacted the Internet Assigned
          >Numbers Authority to request a name change in the sponsoring
          >organization, from the University of Puerto Rico to a corporation
          >with the same name, including the abbreviations "INC. i.e. Gauss
          >Research Laboratory, Inc." As a result of this change, Gauss
          >Research Laboratory Inc. was permitted to remove the .pr ccTLD
          >operations outside the university campus, as well as redirect any
          >funds generated by domain purchases.
          >Results of IANA Decision
          >It is apparent IANA, in its decision, considered the  request for a
          >name change in the sponsoring organization to be an administrative
          >task, not a re-delegation of the ccTLD. However, according to the
          >lawsuit, the ccTLD manager took action as if a full re-delegation
          >had been made, allowing him to move the operation outside the
          >university. Critically, in 2007, Gauss Research Laboratory, Inc.
          >filed a change in corporate status from non-profit to for-profit
          >with the Department of State of the Commonwealth of Puerto Rico.
          >Therefore, IANA's decision effectively resulted in the hijacking of
          >a public resource from a non-profit educational institution to a
          >for-profit corporation.
          >The NARALO is concerned the apparent "re-delegation" of the .pr
          >domain represents a potential abuse of public trust and
          >misappropriation of Internet resources.
          >In addition, while the controversy over Puerto Rico's country-code
          >domain may seem unusual, findings presented in the final report of
          >the ccNSO Delegation and Redelegation Working Group
          >clearly indicate it is not.
          >NARALO applauds and supports the ccNSO working group's desire,
          >stated in that report, to "create an environment for making
          >consistent and predictable decisions regarding the delegation,
          >re-delegation and retirement of ccTLDs while enhancing
          >accountability and transparency."
          >Therefore, at the 2011 ICANN meeting in Dakar, NARALO will present
          >the facts and allegations in this case, as well as examples of
          >similar cases, in hopes of prompting a multi-stakeholder discussion
          >and approach to create such an environment worldwide.
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   1. mailto:alan.greenberg at mcgill.ca
   2. http://ccnso.icann.org/workinggroups/final-drd-report-02may11-en.pdf
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