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Re: [gnso-idng] phone question

  • To: Avri Doria <avri@xxxxxxx>
  • Subject: Re: [gnso-idng] phone question
  • From: Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>
  • Date: Thu, 03 Dec 2009 11:30:53 -0500


Avri Doria wrote:
Hi,

wow, quite a rhetorical presentation.


Glad to be of service.


On 3 Dec 2009, at 01:27, Eric Brunner-Williams wrote:

Avri Doria wrote:
... I personally would be against giving some special application status to ...

On the call you observed twice that in theory all things are equal. That 
interested me.

I would have to check out the recording so see if I really said that 'in theory 
all things are equal' .  Seems a nice platitude and I hope I did not argue for 
it too loudly.


Feel free to correct. I'd the impression you repeatedly questioned the utility of differentiation, first, between Latin and non-Latin, and second, between a representation of the concerns of marks owners, the drivers of the IRT, made by Steve, and the record of DRP instances for sTLDs, made by myself.

Having made the meta-claim that there is no utility in differentiation, the next series of questions seemed of natural interest, assuming that the end is to arrive at a "no disadvantage" outcome, between the cc and g regimes, or perhaps even their current operators and associated registrars, registrants, and resolving users, and that the utility for IDN arises from requirement other than creating competition for the legacy monopoly operator.

A creating competition rational could eliminate Verisign, but it is difficult to see how it could eliminate NeuStar and PIR, let alone the NCBA, MuseDoma, and PuntCat.

I mention this because your concluding "diversity" claim was sweeping as offered, affecting all existing contract holders who might be persuaded to offer non-Latin IDNs.





What i think i was arguing (or at least hope) was the same, was that the concerns over adding new TLDS to the root was, or should be, the same for all TLDS, ccTLDs, and new gTLDS whether they have internal champions or not. And that the other overriding concerns, like the one for the protection of IP holders, and maybe even others, should be the same whether the TLDs were IDN or not IDN.
I did admit that the constraints for a 'supported' style of TLD were different 
then those for a general style of TLD.  But would argue that there was no 
intent to give supported style preference in the process.  If the GNSO now 
wishes to go back on its recommendations and give greater support to the 
'supported' style of TLDs, then let it begin that process.  Yes, those who like 
the supported model have been arguing for its superiority since the beginning, 
and perhaps you were right, but that is not the policy that was recommended.  
What I do argue is that supported vs general works the same whether IDN or LDH.

What I am saying is that all registries (new and existing) should have the same 
chance at time 0 in the  application process.


We don't know when "time 0" is, for ICANN's new gTLD program. It may not be within 2010, or 2011, or ...

We do however know when Chinese will be available in the IANA root, as it is already in the CN root, and when Arabic Script, and when Indic Scripts, ...

How do we reconcile a series of known dates and an unknown date, and the "no disadvantage" position?


I think all have to show they are technically competent - but all do not need 
to show they have same high degree of competence Core has unless they want to 
run an operations the size and scope of Core.


What utility is there in the rebutable presumption that existing operators, not merely those under contract with ICANN, but also those who operate technically similar registries, are not technically competent?

A utility exists in providing employment for KMPG staff, but that may not be sufficient.

Where else do we look to find a rational to ignore what we know?


I think all have to show they have a viable business plan - but all do not need 
to show they have same high degree of business capacity Core has unless they 
want to run an operations the size and scope of Core.


See above.


i think all have to show they have a plan to fight malicious use - but all do 
not need to show they have same plan Core has ....


See above.


I agree that it is useful to offer a hint to the reviewers that some applicant is 
applying for several related TLDS, and asked whether this was not possible in some 
"any extra information the evaluators should have' section of the application.


This is a general problem created by the assumption that all applications are independent, the point of the absurd morning discussion in Sydney with ICANN's latest external consultant from KPMG, who could not conceive of any utility for application interdependency being known to the evaluator.

The design of the most expensive, least efficient, evaluation model is an interesting challenge, and I think he managed quite well to propose the most dysfunctional model possible.

We could agree to fix that.


I never said the obverse you are attribution to me:
- never said no existing until a diversity goal is met.
- never said incumbent can't apply until the new have been given a chance.


If you wish to only interact on the level of utterances, then there are no ideas or issues implied, only the utterances. If so, then this has been a poor use of time.


But rather did say, or mean to say, that all should have an equal chance to be reviewed against the base level requirements for their application at the beginning of the review process - and that no incumbent be given more of a leg up then they already have by being experienced players in the game or by being Northern institutions with all the advantages that brings.


How does any equity theory amongst applicants for a contract reconcile with the equity theory amongst contract and non-contract regimes? Please see the known dates vs unknown date question, above.


I did not suggest an affirmative action plan to support registries from 
disadvantaged areas or developing nations (at least not as part of this 
discussion) - though I expect there are those who would in the GAC and in the 
NCSG and do find it an interesting idea that perhaps should be explore - 
especially if we are going to talk about opening up an earlier track for 
special applicants.  Thank you for bringing it up.


My pleasure. In considering .africa, we've had to consider where it is technically sensible to site the SRS and front-end function, as well as the publication function, and it is not as easy as saying "any of {Amsterdam, Singapore, San Jose, Miami, Reston, ...}". We look at the submarine cable scheduled build-outs along both coasts of Africa, and the expected "go-live". I don't have a targeting solution, to quote from a prior occupation.

The truely pathological cases, which I won't name, are service models, and some ccTLDs fall within this set, where _no_ functional component is located within the service area. There are a lot of near pathological examples, so Southern preference is a best also a discriminatory exercise, in the sense of selection based upon some rational tests for discriminating between any two candidates for preference.

It is easy to say "any of {Rio, Mumbai, Dubai, Capetown, ...}", but that moves privilege, it doesn't end it.


What I also did not bring up, though perhaps should have, is the concern by 
some in developing areas that the Geopolitical Northern registries were going 
to grab all of the opportunities for good Southern IDNTLDS and colonialize the 
IDN name space before the local populations had a chance to apply in a fair and 
open process.  It is all well and good that we want to do the right thing for 
the future IDN registrants, but some may be suspect of the pure benevolence of 
our motives.  Why should the rich registries of the North have a chance to 
apply for an IDN before the GAC's concern about fees that are prohibitive for 
the South can be adequately responded to?


Whether the applicant is a minority linguistic and cultural preservation volunteer group "in the North", or majority paid group "in the South", the fee, arising out of (a) the decision that the incumbent monopoly not bear the costs of creation of a competitive market, in particular, the application costs of its putative competitors, and (b) the decision that all applications share fate, both the fate of payment, the fate of a single expensive evaluation process, and the fate of a single application window, has profound anti-diversity consequences.

And, as you note elsewhere, CORE advocated policy as a tool from the IAHC period to the present. Policy was present in ICANN's "7-10" and the subsequent sTLD round. The specific consequence of the choice not to use policy as a tool, the complaint you raise, has been observed previously.

Eric

a.


Please explain how ...

intentionally failing to distinguish between applicants which presently met all 
technical requirements, a more stringent existence, as well as security and 
stability test than mere possession of an iso3166-1 associated delegation into 
the IANA root, and those which have not met any technical requirements,

and

intentionally failing to distinguish between applicants which presently met all 
business requirements, a more stringent existence, as well as continuity test 
than mere possession of an iso3166-1 associated delegation into the IANA root, 
and those which have not met any business requirements,

and

intentionally failing to distinguish between applicants which seek to obtain 
one or more non-Latin Script equivalences to an existing Latin Script entry in 
the IANA root, exactly as the ccTLD IDN FT participants are seeking,

and

intentionally failing to distinguish between applicants which have existing 
non-Latin IDN registrants, and those which have no registrants,

and

intentionally failing to distinguish between applicants which have existing 
abusive registration policies and those which have no registrants,

and

intentionally failing to distinguish between applicants which have no 
substantial abusive registrations, and those which have substantial abusive 
registrations,

helps arrive at a "is not disadvantaged" position.

While I take the point you made later in the call that diversity is not met by 
allocating IDNs to existing registry contract holders, the converse, that no 
IDN shall be created until a diversity goal amongst contract holders, or more 
weakly, until a N+1 registry contract exists, where N is the number of current 
registry contracts (counting .post), places the utility of IDN below the 
utility of diversity of contract holders, or the utility of creating an N+1th 
contract.

Is this why we have IDNs? To force the N+1th contract? To force the first 
contract outside of North America and Europe? I don't think so.

Eric








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