[At-Large] about amazon and a conversation about ralo

Subrenat, Jean-Jacques jjs at dyalog.net
Thu Jan 30 23:01:24 UTC 2014

Evan, Christopher, Michele & All,

reading your comments on past practices, and looking forward from there, I find we should field a few questions, check whether independent research has provided plausible answers, and if not, seek our own truth. 

Viewed over a long period,

- Has the DNS served the global public interest (with what mechanisms? in what meaningful way?),
- Or has it mainly brought financial gain to DNSs (Domain Name Speculators)?

Independent Reviewers (IRs):
- Since they were set up, have Independent Reviewers made more rulings in favour of the general interest, or to the advantage of Domain Name businesses?
- Is the rationale behind the current system of designating Independent Reviewers still valid, in light of the growing discrepancies between the hoarding of domain names for profit, and legitimate rights (territorial, indigenous, etc.)?
- If we consider that IRs no longer constitute an adequate response, what alternative should we propose? What criteria would we consider paramount in the global public interest?

ICANN's freedom from capture:
- As has been frequently pointed out, the proportion of ICANN's budget provided by the business sector it is supposed to regulate, is on the rise.
- If this situation makes ICANN more vulnerable to capture, what proposals can we make for an alternate and sustainable economic model? For my part, I would suggest looking at
  a) helping ICANN graduate from Pioneer Mode to Normal Mode: among other things, reducing the frequency and scope of ICANN international meetings, which is unparalleled in the business world, with the possible exception of Rotary and dentists (both of whom I admire). I'm told that three fifths of humanity is connected, so surely we can do more things with the Internet, even in terms of Inreach and Outreach?
  b) Demand that ICANN recognize that it already has, in part, a regulatory function. Open recognition would result in more authority, and hopefully more fairness.
  c) Review, more radically, the circuits of nomination to the ICANN Board.
  d) Ask the Board to task the CEO with devising a different budget (and revenue) structure, gradually less dependent on the sector ICANN is supposed to oversee. 

None of this is new. It just requires focus and determination.


----- Original Message -----
From: "Evan Leibovitch" <evan at telly.org>
To: "At-Large Worldwide" <at-large at atlarge-lists.icann.org>
Sent: Vendredi 31 Janvier 2014 05:12:27
Subject: Re: [At-Large] about amazon and a conversation about ralo

Hi Christopher.

On 30 January 2014 15:39, Christopher Wilkinson
<cw at christopherwilkinson.eu>wrote:

Well, apart from ALAC getting it wrong in that case,

I'm happy to have that debate, but would simply note at this point that it
(the debate) has already been going on for years. You might not agree with
the resolution but can at least be aware that this was something that did
not slip through the cracks or avoid careful consideration.

The recentl rulings simply fall consistent with ICANN's long-standing
treatment of generic words as commodities -- a core principle that
certainly pre-dates my arrival in At-Large and is essentially beyond

> whether one reads .amazon or .health, the arguments of the so-called ICC
> 'experts' lack conviction.

Indeed. In fact the whole episode with .health -- the failure of the
objections that we DID launch -- shows clearly that the ALAC objection
process was "created in order to fail". That the Board would enable us to
launch objections, but then allow the adjudicator to dismiss our right to
have standing in the proceedings, is just insane and indicates our chances
were doomed from the start.

> Such stuff does ICANN no credit.

Absolutely agreed.

PS:     The privatisation, through the DNS, of generic and geographical
> terms is wrong in principle.

As far as ICANN is concerned, that particular debate was crushed many years
ago. This tenet can't be challenged without shaking the whole organization
to the ground, and there are too many vested interests embedded into the
culture to allow that to happen. ICANN has now become financially dependent
upon the industry it was formed to oversee, and the consequences of that
dependency are all around us.

- Evan
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