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Re: [gnso-consumercci-dt] Consumer Metrics: notes from presentation to GAC, 23-Jun-2012

  • To: Jonathan Robinson <jonathan.robinson@xxxxxxxxxxx>
  • Subject: Re: [gnso-consumercci-dt] Consumer Metrics: notes from presentation to GAC, 23-Jun-2012
  • From: "Michael R. Graham" <mgraham@xxxxxxxxxxxxxx>
  • Date: Sun, 24 Jun 2012 16:30:41 +0000

I believe Del Bee Ank O was one of the Ancient Egyptian dieties of explanation? 
 ;-)

Joking aside, I agree with Jonathan: our work has come across very well.

Michael R Graham
Sent from my mobile phone.

On Jun 24, 2012, at 11:14 AM, "Jonathan Robinson" 
<jonathan.robinson@xxxxxxxxxxx> wrote:

>
> Steve (Del Bee Ank O as the scribes call him) was a very effective
> presenter.
> The work comes across as thorough and professional so a credit to the
> process.
>
> Not all is going quite so smoothly!
>
>
> Jonathan
>
>

Michael R. Graham
Marshall, Gerstein & Borun LLP
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-----Original Message-----
> From: owner-gnso-consumercci-dt@xxxxxxxxx
> [mailto:owner-gnso-consumercci-dt@xxxxxxxxx] On Behalf Of Rosemary Sinclair
> Sent: 24 June 2012 13:13
> To: Steve DelBianco
> Cc: gnso-consumercci-dt@xxxxxxxxx; Berry Cobb
> Subject: Re: [gnso-consumercci-dt] Consumer Metrics: notes from presentation
> to GAC, 23-Jun-2012
>
>
> Hi all
>
> Incredibly valuable feedback and comments!
>
> Seems to me a range of important stakeholders understand the work
>
> And have sunstantive comments for us to consider!
>
> A great response to our work,
>
> Cheers
>
> Rosemary
>
> Rosemary Sinclair
> Director, External Relations
> Australian School of Business
> UNSW
> +61 413 734490
>
> On 24/06/2012, at 6:34 PM, "Steve DelBianco" <sdelbianco@xxxxxxxxxxxxx>
> wrote:
>
>> For those who missed the GAC - GNSO meeting yesterday, the Audiocast is
> here<http://audio.icann.org/meetings/prague2012/gac-gnso-23jun12-en.mp3>.
> Transcript should be available soon.  The slides we presented are attached.
>>
>> It seems that GAC members appreciate our work thus far.   While answering
> their questions I took some limited notes and would appreciate hearing from
> others who attended.
>>
>> Mark Carvel (UK): this is incredibly valuable work.  Important Affirmation
> review.  Govts will consult with their Consumer Protection Authorities
> during Application Evaluation.  Asked about Consumer Trust metrics regarding
> Registrars.  Regarding application question 18 (Purpose), Mark asked whether
> it should be in the contract.
>>
>> Manal Ismail (Egypt): encouraged stressing End User perspective in our
> metrics.   Such as IDNs and user confusion.
>>
>> Portugal: encouraged us to stress "end user perceptions" which will
> reflect cultural differences.
>>
>> EC:  Acknowledged our work.  Encouraged us to avoid making the metrics
> more complex than necessary.   Regarding question 18, said that EC would be
> "disappointed" if applicant commits to a purpose and then does something
> else.   Asked whether we anticipated that ICANN staff would be doing the
> data gathering and managing survey and data vendors.
>>
>> During slide 7, I described our interaction with USG and stated that our
> WG would not attempt to measure all costs and benefits.   But GAC remains
> interested in this metric.  So I did some research into prior GAC advice on
> new gTLDs.   GAC 2007 new gTLD Principles
> (link<https://gacweb.icann.org/download/attachments/1540128/gTLD_principles_
> 0.pdf?version=1&modificationDate=1312358178000>) did not mention costs vs
> benefits.  But GAC's 2011 Scorecard
> (link<https://gacweb.icann.org/download/attachments/1540128/20110223_Scoreca
> rd+GAC+outstanding+issues+20110223.pdf?version=2&modificationDate=1312465657
> 000>) suggests that benefits should exceed costs, and even requested the
> analysis for EACH gTLD applicant :
>>
>> Market and Economic Impacts
>>
>> The GAC advises the ICANN Board to instruct ICANN staff to amend the final
> Draft Applicant Guidebook to incorporate the following:
>>
>> 1.  Criteria to facilitate the weighing of the potential costs and
> benefits to the public in the evaluation and award of new gTLDs.
>>
>> 2.  A requirement that new gTLD applicants provide information on the
> expected benefits of the proposed gTLD, as well as information and proposed
> operating terms to eliminate or minimize costs to registrants and consumers.
>>
>> 3.  Due diligence or other operating restrictions to ensure that
> Community-based gTLDs will in fact serve their targeted communities and will
> not broaden their operations in a manner that makes it more likely for the
> registries to impose costs on existing domain owners in other TLDs.
>>
>> Explanation:
>> The economic studies conducted by Katz, Rosston and Sullivan contain
> important findings that the past introduction of new gTLDs provided minimal
> public benefits in terms of competition for existing gTLDs and relieving
> name scarcity. The studies further state clearly that the introduction of
> new gTLDs had imposed costs on intellectual property owners in diluted brand
> strength, defensive registrations, and other costs associated with
> protecting their brands.
>>
>> ICANN's Board did not accept this advice.  But I wanted us all to know
> where this "benefits and costs" metric was coming from.
>>
>> From: Rosemary Sinclair
>> <rosemary.sinclair@xxxxxxxxxxx<mailto:rosemary.sinclair@xxxxxxxxxxx>>
>> Date: Saturday, June 23, 2012 11:01 PM
>> To: Steve DelBianco
>> <sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>>
>> Cc:
>> "gnso-consumercci-dt@xxxxxxxxx<mailto:gnso-consumercci-dt@xxxxxxxxx>"
>> <gnso-consumercci-dt@xxxxxxxxx<mailto:gnso-consumercci-dt@xxxxxxxxx>>,
>> Berry Cobb <mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>>
>> Subject: Re: [gnso-consumercci-dt] Consumer Metrics: notes from
>> presentation to GNSO Council, 23-Jun-2012
>>
>> Hi all
>>
>> Issue re Costs and Benefits
>>
>> USG focused on Economic costs and benefits...looking for overall net
>> increase in social welfare for whole community. Key factor here is
>> timeframe used and inclusion of "externalities" when assessing costs
>> and benefits
>>
>> GNSO councillors (some of) focused on ACCOUNTING type costs and
>> benefits...price of gTLD, price of registration, cost to defend
>> trademark etc. This is a different analysis and much shorter term, not
>> using discount rates etc
>>
>> Just for sake of completeness there are other perspectives thru which
>> to do Cost Benefit Analysis eg
>>
>> Tax perspective on costs
>> Regulator perspective for rate setiing Annual Report perspective
>> ...think Enron, think Glkbal Crossing...think ratings agencies ....
>>
>> I have re-read Econ Fwk doc in last couple of days
>>
>> We should stay away from this playing field .....look fwd to more chatter
> on this one!
>>
>> Enjoy Prague!
>>
>> Rosemary
>>
>> Cheers
>>
>> Rosemary
>>
>> Rosemary Sinclair
>> Director, External Relations
>> Australian School of Business
>> UNSW
>> +61 413 734490
>>
>> On 23/06/2012, at 7:38 PM, "Steve DelBianco"
> <sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>> wrote:
>>
>> In Saturday's GNSO Council work session, we spent an hour presenting and
> discussing our draft advice.
>> The presentation is attached.
>> Also attached (and below) are notes for how I described the "Key Issues".
> Below that are the questions/comments from Councilors and general audience.
>> 40+ Metrics for Consumer Trust, Consumer Choice, & Competition
>> combination of surveys and stats
>> someattempt to measure costs;
>> not all have targets
>> None are intended to steer indiv Ry operators or drive policy
>> development User and registrant Surveys for Consumer Trust & Consumer
>> Choice Combined annual surveys of users and registrants Assess
>> awareness of new gTLDs in general; and of specific-purpose gTLDs
>> perceptions about trust, experience in finding desired content;
>> experience with phishing & malware; registrant experience pursuing
>> cybersquatting Consumer Trust - Relative Incidence of UDRP, URS, &
>> Litigation
>> UDRP+URS complaints and decisions against registrants "relative" to
>> UDRP+legacy gTLDs.  E.g. 1000 UDRP+URS decisions against registrants
>> UDRP+in 1 million registrations give a relative rate of 0.1 percent or
>> UDRP+1 per 1000
>> Ry Contract breach notices: [significantly] lower than in legacy gTLDs.
> 1/20 =  5% of registries.   5% of new Registries could be as high as 100
> breach notices!
>> Consumer Choice - Defensive & Duplicate Registrations, Redirects
>> 3 potential indicators of registrations done for "defensive" purposes:
>> sunrise registrations or blocks using TM clearinghouse redirects
>> (automated self-reported duplicate registrations Collect data from IP
>> organizations on quantities and costs of def registrations and of pursuing
> cybersquatting.
>> Competition - Wholesale and Retail pricing of Domain Registrations Our
>> proposed Competition metrics include comparing wholesale and retail prices
> in new gTLDs open to public vs legacy gTLDs open to general public.  No
> target, just comparison.
>> USG is keenly interested in weekly data on revenue and registration
> volume,both legacy and new gTLDs.
>> Appendix B:  ICANN legal advised us they are concerned about collecting,
> comparing, and sharing non-pubic price data.   Also concerned about
> potential that price focus could lead to price recommendations.
>> To address this: WG could recommend that a third party could collect and
> analyze the data, sharing only aggregates and stats.
>> gTLD expansion program Costs and Benefits USG comments: "benefits of
>> new gTLDs must outweigh costs to consumers and other market participants"
>> WG asked the USG reps to reconcile that with what's in the Affirmation.
>> WG won't attempt to measure all benefits and costs.  Some significant
> costs are evaluated, though.
>> Q&A/Discussion on Council:
>> JeffNeuman: troubled by timing of 3-yr targets; some targets are
> unreasonable too.
>> Ching Chiao: will these metrics drive registry contract requirements?
>> (No) Wendy Seltzer: flag concerns with framing of Consumer Trust;
>> looking backwards atpast abuses; need to see unexpected benefits of
>> new innovation
>> MaryWong: recommended the WG add advice to modify the metrics as new
>> benefits (and new abuses) become evident.  (good idea)
>> AlanGreenberg: concern with Redirect metric.  Some redirects are
>> beneficial and not defensive Zahid Jamil: compliments on progress;
>> ICANN has an obligation here; likes Flexibility (Mary's idea); how do
>> registrants know which national laws apply to them and to the Registrar
> and Registry they're considering?  (described our choice metric on
> visibility and clarity) Jonathan Robinson: Helpful and interesting
> perspective on new gTLD program.  Troubled with 3-year target, given ramp-up
> time and gradual delegations Michael Graham (IPC): Q18 proposed mission and
> purpose could support consumer trust
>> NPOCChair: gave anecdote of World Bank project to define 160 metrics for
> poverty reduction projects.   When the WB asked citizens in developing
> nations they got 500 metrics for poverty.  Are we asking regular consumers
> about our metrics?  (contrasted WB process with ICANN's pub comment process)
>> JeffNeuman: Closed (single registrant) TLDs may not fit with open
>> gTLDs when doing many metrics.  (cited the Competition measures where
>> we excluded closed TLDs; said that trust and choice for internet users
>> would apply to closed TLDs) James Bladel: redirects: should get baseline
> data from legacy gTLDs today (good idea) Jeremy Beal: interesting to look at
> "potential" consumers.  (cited choice metrics on IDNs, languages, geographic
> diversity ) Olivier CLB (ALAC): metrics should be seen as trends too.  Look
> at progress over time.
>> Chuck Gomes: this is a good example of M-S model working well.
> Compliments.
>> JeffNeuman: excellent work.
>> --
>> Steve DelBianco
>> Executive Director
>> NetChoice
>> http://www.NetChoice.org and http://blog.netchoice.org
>> +1.202.420.7482
>> From: Berry Cobb
>> <mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx><mailto:mail@berrycobb.c
>> om>>
>> Date: Wednesday, June 20, 2012 1:04 AM
>> To:
>> "gnso-consumercci-dt@xxxxxxxxx<mailto:gnso-consumercci-dt@xxxxxxxxx><m
>> ailto:gnso-consumercci-dt@xxxxxxxxx>"
>> <gnso-consumercci-dt@xxxxxxxxx<mailto:gnso-consumercci-dt@xxxxxxxxx><m
>> ailto:gnso-consumercci-dt@xxxxxxxxx>>
>> Subject: [gnso-consumercci-dt] Latest Docs Team, Here are the latest
>> PPT & Advice Letter.  I did not include the Public Comment Review tool, as
> it barely changed today.
>> Thank you.  B
>> Berry Cobb
>> Internet Corporation for Assigned Names & Numbers (ICANN)
>> 720.839.5735
>> mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx><mailto:mail@xxxxxxxxxxxx
>> m>
>> @berrycobb
>> <GNSO CCTC Presentation Prague 2012.ppt> <Notes from Metrics
>> presentation to GNSO Council.docx>
>>
>> <GAC CCTC Presentation Prague 2012.ppt>
>

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