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Reiteration of comments made during the Improving Institutional Confidence Consultation

  • To: stratplan-2010@xxxxxxxxx
  • Subject: Reiteration of comments made during the Improving Institutional Confidence Consultation
  • From: Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>
  • Date: Tue, 05 Jan 2010 09:56:49 -0500

I would like to make the same point I made during the Improving Institutional Confidence Consultation session on September 15th, 2008, to President's Strategy Committee members Marilyn Cade and Yrjö Länsipuro, as well as staff members Theresa Swinehart, Massimiliano Minisci and Kieren McCarthy.
The original three legged stool, names, addresses, and protocols, has 
failed. While we still have liaisons from the IETF and the W3C, who 
have been effective on the Board, they do not vote, and therefore do 
not count in the political calculus of issue advocacy. Further, the 
ASO, while not formally abandoned as the PSO was, is reactive and does 
not bring issues to the seat of the stool, where the legs nominally 
still join.
We are left with a name supporting organization as the sole supporting 
organization contributing generally to affirmative policy development, 
and the fiction that the ccNSO and the GAC make up the re-formed three 
legged stool.
Additionally, we are left with the NOMCOM being the sole means by 
which technical informed and highly committed persons may become 
members of the Board, and while that is working, the commitment to a 
technically competent (not merely technically informed) Board is not 
institutional, as it was when the PSO held seats on the Board.
This presents two problems.

The first is that the Board and the GNSO Council are redundant, as sources of policy, reform nuance, aka "working groups", intentionally ignored. ICANN could shed ten to twenty persons from its per-meeting cost by consolidating the replicated function. I don't recommend this, but I can see any management consultant without a lick of clue, which is the kind of consultancy services ICANN seems condemned to buy, recommending liquidating one or the other of the Board, down to the minimum required under California law for 501(c)(3) non-profit corporations, or the GNSO Council, given the "reform" removal of policy from the GNSO C to work groups.
The second is that we can't see the name, address, protocol 
interdependency, and therefore we can't make sensible policy.
For instance, we have, on the G side, a lot of heat energy about 
domain name speculation, and we have, on the A side, a lot of heat 
energy about address exhaustion. The AGP exploit, allowed for a 
staggering long time by the GNSO/BoD, injected some 35 million domains 
into the C/N/O namespaces, consuming at least one, if not two /8 
address block equivalents. Viewing domain name speculation merely 
through the lens of trademark policy is insufficient, and the same is 
true for viewing address depletion merely through the lens of address 
managment.
Both ignore the reality that quarterly internet ad revenues have 
increased linearly (slope == 1), from $7,267 (million) in 2004 to 
21,206 (million) in 2007 (source: Interactive Advertising Bureau).
Both ignore the reality that in 2004 thousands of ASNs contributed 50% 
of all internet, and in 2009 only 150 ASNs contribute 50% of all 
internet traffic.
The economic transformations of the internet are on a very large scale 
and are invisible to ICANN as a policy making body.
We, as a body, are not merely not going to make sensible policy on 
complex, interdependent name, address and protocol issues, through the 
elimination of a PSO, and the hibernation of the ASO, but we as a body 
are also going to prevent any other body from attempting to make 
sensible policy on complex, interdependent name, address and protocol 
issues until the expectation of ICANN as being a useful construct 
generally fails. Neither of these are desirable outcomes.
There are more examples than just how the AGP exploit transfered money 
from advertisers to domainers through some, not all, of the registrars 
and registries, and increased costs to some, not all trademark 
holders, while forcing increased consumption of a very scarce 
resource, mostly where that resource is relatively over-abundant.
I recommend that the Strategic Plan address the failure of the three 
legged stool, composed of name, address and protocol organizations, 
and propose a remedy, and the remedy address the specific competency 
areas, for which the substitution of the ccNSO and the GAC are 
inadequate, though of merit in their own right.
My comment is made in a personal capacity, as someone employed in DNS 
policy and technology related activities since 1986, and I am 
currently employed by CORE as its CTO.
Eric Brunner-Williams
Ithaca New York and Geneva Switzerland




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