Please protect freedom of expression at ICANN!

["Brian O'Kelley" <cokelley@xxxxxxxxxxxxxxxxxxxx>]

Name: Brian O'Kelley
Email: cokelley@xxxxxxxxxxxxxxxxxxxx
Subject: Please protect freedom of expression at ICANN!
Comments:
Hi there -

I urge ICANN to constrain itself to technical and operational criteria for 
approving new gTLDs, and to stay away from matters of general public policy 
where there is no consensus at the global level.

The Internet is an increasingly vital platform for communication in today's 
society, and it is critical that we protect its open architecture and 
processes. ICANN has a central role in defining Internet policies beginning 
with the Domain Name System, but these policies may well set precedents that 
extend beyond DNS to other aspects of Internet operation. The proposed policy 
for approving new gTLDs at ICANN has serious flaws, and I urge ICANN to correct 
these flaws before finalizing this policy.

References to "morality and public order" (in recommendation #6) create 
irreparable problems and should be removed. These terms have no global cultural standard, 
and cannot be used in any well-defined procedure for approving gTLD applications. This 
unpredictable process creates substantial risk in the gTLD application process, which 
increases costs for any potentially controversial applications.  Broad self-censorship is 
a likely outcome, especially among potential applicants with minimal resources to manage 
the risk. Such a policy would make ICANN a target of litigation under U.S. law protecting 
free expression, and it exceeds the scope of ICANN's technical mandate under its 
agreement with the U.S. government.

Also, the challenge process that is currently proposed (in recommendation #20) has such a 
low standard for posing challenges that only well-financed "established 
institutions" will be able to combine the standing and resources to be awarded a new 
gTLD.  The intrinsic subjectivity of these judgments would place ICANN in the middle of 
general policy debates, cultural clashes, business feuds, religious wars, and national 
politics, well beyond any established or foreseeable expertise at ICANN, and usurping 
other legitimate jurisdictions.

ICANN has no expertise in adjudicating these complicated legal disputes, and no authority 
to usurp legitimate legal jurisdictions that address these matters.  Establishing a 
precedent for addressing these matters would constitute an attempt to establish a private 
"global law" without proper channels of accountability to society at large.  It 
would extend well beyond ICANN's legitimate and productive mission into areas where it 
has no organizational capacity or proper authority.

Please don't let this policy be approved without correcting these fatal flaws!  
Protect freedom of expression and innovation by removing non-technical and 
non-operational criteria from all policies that affect the Internet.  Keep the 
Internet open and nondiscriminatory.  Keep the core neutral!

Brian O'Kelley