Sala's Submissions

["Salanieta T. Tamanikaiwaimaro" <salanieta.tamanikaiwaimaro@xxxxxxxxx>]

*Submissions to the Joint Working Group on Applicant Support, also known as
the “JAS WG”.*

*To :                Chair of Joint Working Group on Applicant Support,
ICANN*

*Cc:                  Pacific Internet Society Chapter, Pacific Regional
Internet Governance Forum*

*From:             Salanieta Tamanikaiwaimaro*

This is a response to the call for Applications by the JAS WG which is
co-chartered  by GNSO and ALAC. This is strictly my individual view and not
necessarily the view of my employer or affiliations and associations.

   1. *Differential Pricing for Applicants in need of assistance*

There should be differential pricing assessed for Applicants in need of
assistance.

   1. *Lowering of Barriers for Developing Economies*

It is critical and in the interest of equitable and fair participation that
the barrier is lowered for developing economies to ensure that it is truly
and global and inclusive community.  ICANN Board Resolution 2010.03.12.46‐47
clearly expressed the need to ensure that the New gTLD Program is inclusive.


The lowering of barriers should not only be limited to reducing application
costs and ICANN Fellowships for people from developing countries  and should
include the following:-

*a)      **Research*

o    to be done by Consultants approved by an independent committee Chaired
by George dissenting member of the ICANN Board when the GTLD was put to the
vote;

o   These consultants must be from developing countries and in no way
associated or linked with any of the players who have interests in this
space, they must be neutral;

o   Terms of reference of the research should include, the impact of gTLD on
developing economies and considerations including but not limited to market
competitive disadvantage of under‐served communities increases;

o   Budget should include research, consultations, transportation;

*b)      **Reduction of Costs*

o   There should be an additional levy 40% on Domain Name Application Fees
that goes towards a pool of fund that are strictly to be used for the
following purposes:-

§  Costs to enable developing economies to object before the ICANN
authorised arbitrators. These costs should include the costs of initiating
the disputes, such as arbitration costs, court costs, transportation costs,
legal costs and select panel of legal counsel from around the world to
enable advocacy at this level.

§  Outreach done throughout the developing world and not just for
governments but in a multi-stakeholder  fashion in coordination with
regional organisations around the world;



c)       *Reservation *;

o

d)      Capacity Development;

e)      Mentoring;





*Comments*

1. The Application must demonstrate service to the public interest,
including one or more of the following characteristics

• Support by and/or for distinct cultural, linguistic and ethnic communities




*Care must be taken to identify ALL stakeholders that would be affected and
calls for submissions must go to the equivalent of various Ministries of
Culture and all other stakeholders within the respective countries and
adequate time must be given for ICANN representatives to conduct outreach on
the matter. The process should not be rushed and whilst it can appear to be
inclusive in not allowing sufficient time for outreach, there will be
communities who are marginalised. The material and training should be done
in the language or medium of communication of the countries etc. There
should be a paid documentary on the subject on every TV channel in each
country showing the various diverse impacts of gTLDs to enable and allow
“fair play”. This is part of the development of internet policies becoming
inclusive and protects from future fragmentation over the internet if
general overswell becomes disgruntled.*

* *

*As such, there must be an extension of time before 2012 where ICANN
organises outreach in each country through coordinating the same with GAC
members in the respective countries. This is critical if we are interested
in acquiring a wide perspective of the matter. The outreach must not be
limited to Internet Societies but to be multi-stakeholder within countries
to include governments, private sector,  various Government Ministries,
civil society etc.*



• Service in an under‐served language, the presence of which on the Internet
has been limited

• Operation in an emerging market or nation in a manner that provides
genuine local social benefit

• Sponsored by non‐profit, civil society and non‐governmental organizations
in a manner consistent with the organizations' social service mission(s)

• Operated by local entrepreneur, providing demonstrable social benefit in
those geographic areas where market constraints make normal business
operations more difficult



AND



2. The Applicant must demonstrate financial capabilities and need



3. The Application must NOT have any of the following characteristics: m

• From a governmental or para‐statal applicant (subject to review, see
below)

• A TLD string explicitly based, and related to, a trademark (ie. a "dot
brand" TLD)





• A string that is, or is based on, a geographic name



*There are some inconsistencies expressed within policies of Registries and
also judgments from certain registries. For eg. Rulings where companies are
able to take precedence and priority over family names presents
unprecedented preposterous challenges.  The fees and costs of objecting to
certain applications are too expensive. Also applicants should be made to
advertise through every tv station in a prime time slot and broadcast
through radio and gazette through newspapers and magazines in every language
to invite objections. Costs in this regard should not be viewed as an
impediment as this is a resource that will have infinite proprietorship”.

*

-- 
Sala

"Stillness in the midst of the noise".