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

[Wendy Seltzer <wendy@xxxxxxxxxxx>]

Hi Michael,

I raised these concerns in early discussions with the group.  I have
been unable to schedule the recent calls, but have not found the points
addressed.

--Wendy

On 08/13/2012 11:59 AM, Michael R. Graham wrote:
> 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
> 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 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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> 
> 


-- 
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/