RE: [gnso-consumercci-dt] v1.9 of Advice Letter

["Michael R. Graham" <mgraham@xxxxxxxxxxxxxx>]

As a more recent member of the Working Group, I have to ask whether the points 
raised by Wendy were previously considered and/or discussed by the group.  I 
know we were reaching out to Wendy to have a discussion of her previous email 
on this subject.  Thank you.

Michael R.



Michael R. Graham
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-----Original Message-----
From: owner-gnso-consumercci-dt@xxxxxxxxx 
[mailto:owner-gnso-consumercci-dt@xxxxxxxxx] On Behalf Of Wendy Seltzer
Sent: Sunday, August 12, 2012 1:45 PM
To: Berry Cobb
Cc: gnso-consumercci-dt@xxxxxxxxx
Subject: Re: [gnso-consumercci-dt] v1.9 of Advice Letter


I request that NCSG's dissent from the Consumer Trust metrics be noted:

NCSG believes that many of the "Consumer Trust" metrics rely on a faulty
premise, that gTLDs should be predictable, rather than open to
innovative and unexpected new uses.

These metrics mistake a platform, a gTLD, for an end-product. A key
value of a platform is its generativity -- its ability to be used and
leveraged by third parties for new, unexpected purposes. Precisely
because much innovation is unanticipated, it cannot be predicted for a
chart of measures. Moreover, incentives on the intermediaries to control
their platforms translate into restrictions on end-users' free
expression and innovation.

Just as we would not want to speak about "trust" in a pad of printing
paper, on which anyone could make posters, and we don't ask a road
system to interrogate what its drivers plan to do when they reach their
destinations, we should not judge DNS registries on their users'
activities.

ICANN's planned reviews of and targets for gTLD success should not
interfere with market decisions about the utility of various offerings.

In particular, NCSG disagrees with attribution at the gTLD level of the
second group of "trust" metrics, the "Measures related to confidence
that TLD operators are fulfilling promises and complying with ICANN
policies and applicable national laws:" namely, 1.9, 1.10, 1.11, 1.13,
1.14, 1.15, 1.16, 1.17,1.18, 1.19, 1.20.  It is further inappropriate to
use unverified complaints as a basis for metrics (1.9, 1.11, 1.20).

Separately, NCSG disagrees with setting targets for the "redirection,"
"duplicates," (2.10, 2.11) and "traffic" (2.15) measures. All of these
presume that the use for new gTLDs is to provide the same type of
service to different parties, while some might be used to provide
different services to parties including existing registrants.

--Wendy

On 08/12/2012 02:16 PM, Berry Cobb wrote:
> Team,
>
>
>
> Attached is version 1.9 in both redline and clean forms.  I also include
> v0.3 of the Advice Letter supplement.  We will review these at our session
> next week.
>
>
>
> Please send any feedback, if you have any, to the list prior to our next
> session.
>
>
>
> Thank you.  B
>
>
>
> Berry Cobb
>
> Internet Corporation for Assigned Names & Numbers (ICANN)
>
> 720.839.5735
>
> mail@xxxxxxxxxxxxx
>
> @berrycobb
>
>
>
>
>
>


--
Wendy Seltzer -- wendy@xxxxxxxxxxx +1 617.863.0613
Fellow, Yale Law School Information Society Project
Fellow, Berkman Center for Internet & Society at Harvard University
http://wendy.seltzer.org/
https://www.chillingeffects.org/
https://www.torproject.org/
http://www.freedom-to-tinker.com/

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