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Thursday, April 14

Links, Links, and More Links
by
Bret Fausett
on Thu 14 Apr 2005 03:48 PM PDT
Here are a handful of things I'd blog if I were blogging this week....which I'm not. 
GAC comments on the Strategic Plan, among other things. Bonus link: GAC Communique from Mar del Plata. (P.S. Not certain why gac.icann.org resolves to an IP address. Is this TLD neutrality?)
Australian IT is reporting that ICANN "will ask its immediate internet name registry operators for more money in face of an expected $US10 million ($12.9 million) shortfall in its budget next financial year....Mr Twomey said that the organisation had made loose projections it would need to increase its revenue target of $US23 million for the end of June this year, to a figure 'in the low 30 millions' next year."
Susan Crawford: "...it looks as if there has been some constructive progress on ICANN's strategic plan -- initially, at least, in the form of discussing processes that will both tie ICANN's budget more tightly to its narrow mission and make the plan itself the product of real consultation."
This news report on ICANN, also from Australia, is interesting. If I understand the report correctly, ICANN floated the idea of passing the complaints it receives about registrars to the relevant consumer protection agency in the country where the registrar is located. Probably not a bad idea.
Cory Doctorow: "The meeting at the World Intellectual Property Organization (WIPO) on how the agency can reform itself to achieve humanitarian aims has concluded in triumph for the side of the good."
Here's EURid's timetable for introduction of .EU. Expect open registrations to begin the first weeks of 2006.
Maria Farrell, the GNSO's new policy officer, is a blogger, for Crooked Timber. This can only be good.
My post to the .NET public forum. This mirrors what I said during the open microphone session.
CircleID is carrying an interesting piece on .JOBS.
I spent some time on the way home from Argentina reading Edward Hasbrouk's notes about .TRAVEL. Mr. Hasbrouk is a travel writer and world traveler. Set aside the allegations of wrongdoing and conspiracy (which I don't get) and, at bottom, his complaint is that "travel" is a bigger concept than the commercial travel industry and ought to be more widely open. That, I get.
As I read the Tralliance application, .TRAVEL will be open to: travel agents; tour operators; airlines; hotels and resorts; restaurants; car rental companies; cruise lines; bus and coach operators; bed & breakfast houses; ferries; passenger rail lines; theme parks; convention & visitor's bureaus; national tourism offices; travel guide and magazine publishers; camp facility operators; computer reservation and travel technology providers; and travel-consumer research organizations. But it's not open to travelers and travel writers. And I wonder why not? If I were Tralliance, I'd embrace this complaint and find a way to make sure that practicalnomad.travel, among other individual and non-commercial travel-related sites, could be registered. Perhaps an expansive definition of "travel guide and magazine publishers," to include bloggers, photographers, citizen journalists and online travel-related communities would help.
"Travel" is a big concept.
Monday, April 11

Much to Blog, Much Later
by
Bret Fausett
on Mon 11 Apr 2005 02:22 PM PDT
After the last week of meetings and blogging (52,412 page views for last week's meetings), I need to turn my
attention back to my real job. It will also give me some time to
reflect and perhaps post some more thoughtful pieces on ICANN, the At
Large, user participation, etc.
I'll re-emerge real soon now.
Friday, April 8

Friday Board Meeting
by
Bret Fausett
on Fri 08 Apr 2005 05:44 AM PDT
Today is the Board meeting. Agenda here.
Joi Ito is blogging ICANN (including pictures). He also said at today's Board meeting that he is working with staff to adopt RSS and improved language translation, among other tools for improved communication. Terrific news.
 I've posted more pictures from the last couple of days in Mar del Plata, including this one following today's recognition of AfriNIC.
ICANN has provisionally reserved (countrynames).jobs and (countrynames).travel pending further review and consideration of a request from the GAC. The issue will go to the GNSO for discussion and possible resolution.
Interesting comments from Dr. Cerf on .NET. The investigation of the Telecordia report will continue, and so will the negotiations with Verisign. But the agreement will not be signed until the Board has considered the comments submitted and any further report from Telecordia.
It's nice to see the Board have some discussions. They're actually exchanging views on IDNs...an improvement over the rote approval of resolutions we usually see.
Ernest Miller usually gets things right. He missed this one...by a mile: "Many have forgotten about the procedural and regulatory abomination that is ICANN...." By the way, ICANNWatch is more a forum than a publication. It would be a mistake to ascribe the .travel post to the ICANNWatch editors. When they have an opinion, they post it. On this, they didn't.
Edward Hasbrouck: "I have requested that this decision be referred to a review panel independent of ICANN, and be stayed pending independent review...."
Thursday, April 7

ALAC Meeting with Ombudsperson
by
Bret Fausett
on Thu 07 Apr 2005 11:39 AM PDT
Here's an mp3 of the ALAC's discussion with Frank Fowlie, ICANN's new Ombudsperson. It's about 30 minutes. If you're at all interested in the Ombudsperson process ( as I am), you should listen to it.
1 Attachments

Thursday's Public Forum
by
Bret Fausett
on Thu 07 Apr 2005 09:08 AM PDT
Today is the Public Forum. (Real-time captioning from yesterday's Public Forum here.) Today's agenda is here.
No pictures from last night. I caught up on my sleep. I did get this picture of me and my buddy Stratton Sclavos during the morning coffee break though.
So far this week, this blog has served 16,067 distinct hosts nearly 2 gigabytes of content.
Here is the text of the ALAC's Whois Statement that was read during the public forum.
John Klensin's report on IDNs during the morning session today was terrific. If you didn't hear it, grab it from the real time captioning.
We need more time for public comment -- and to hear responses from the Board. Since we're pressured for time, we're cramming comments into 2 minutes boxes, without the ability to engage in a dialogue. It's frustrating that the subjects deserving the most public dialogue, not to mention the only open microphone session, were saved until the last minute. ICANN critics contend the agenda is set up this way on purpose. I don't know if I'm that cynical, but I do understand the frustration that underlies it.
Posted last night on the ICANN website: Proposed Review Procedure for ASO Policy Proposals.
Forbes: "A company has found a loophole for selling Internet names ending in '.pro' without the usual credentialing requirements, prompting complaints from the Internet's key oversight agency."
June 25th-29th, 2007 in North America. I'd like to assist in putting together a bid, and I think PIR is interested too. Drop me a note if you'd like to help. New Orleans? Nashville?
From a paper published at the Yale Law School Conference on Information as Flow: "We are governed today by people who defend the withholding and manufacture of information as exercises in statecraft -- daily reminders that 'information is power.' This panel addresses a critical subset of this truism: the recursive ways in which access to information and the regulation of information affect each other."
Internet Storm Center: "Around 22:30 GMT on March 3, 2005 the SANS Internet Storm Center began receiving reports from multiple sites about DNS cache poisoning attacks that were redirecting users to websites hosting malware...." (Via Slashdot)

ALAC Statement on Whois
by
Bret Fausett
on Thu 07 Apr 2005 09:06 AM PDT
Here is the text of the statement that Vittorio Bertola read into the record. I especially like the line about using professional mediation services... more »
Wednesday, April 6

.NET and Sitefinder
by
Bret Fausett
on Wed 06 Apr 2005 02:13 PM PDT
Here's a comment I posted on the ALAC List: "I understand that some members of the Board have asked why our concerns
about Sitefinder and its relationship to the .NET RFP were not raised
earlier, when the independent evaluators could have reviewed those
concerns. Please direct anyone asking a similar question to the URLs
below. Sitefinder was raised numerous times, by name, in public comments
both about the content of the draft RFP and the substance of the
submitted proposals. The question is not why we didn't raise these
points earlier but why ICANN and Telecordia did not respond to them in
drafting the RFP and evaluating the proposals."

Wednesday in Mar del Plata
by
Bret Fausett
on Wed 06 Apr 2005 07:07 AM PDT
Another beautiful day in Mar del Plata. It's warm enough that today
could be a beach day...if I weren't scheduled to be inside again.
Today's agenda is here.
Real-time captioning.
We have a soccer tournament tonight.
It's now official, the GNSO has reelected Michael Palage to the ICANN Board. Unanimously.
Computer Business Review: "The dispute over which company should run the critical .net internet domain could be about to get messy."
This is worth reading with regard to .NET.
The Internet Governance Project announces a new policy analysis: "WHAT DO TO ABOUT ICANN: A PROPOSAL FOR STRUCTURAL REFORM."
From the Executive Summary: "Three structural reforms are proposed: 1. Create an international oversight body to replace US oversight of ICANN and ICANN's Governmental Advisory Committee; 2. Restore ICANN's global Board elections; 3.
Give ccTLD managers and Internet Protocol address users a choice of
governance arrangements by sharing responsibility for the Internet root
zone between ICANN and the ITU." Related ICANNWatch story here.
Through the end of November, 2004, the most recent month for which registry reports are available,
RegistryPro had sold 1422 domain names through 13 registrars. I wonder
what those numbers are now? Anyone know who at RegistryPro should
received my zone file access agreement?
Just as the strength of
a chain is measured by its weakest link, the effectiveness of a
restricted TLD is measured by the most permissive registrar. Recent
events have made me wonder whether registries or sponsors (when
applicable) should have the exclusive right to sell registrations in
sponsored and/or restricted TLDs.
The Motley Fool: "Register.com's bean counters have their hands full. They are in the process of restating financials dating back six years as the company tweaks its revenue recognition methodology."
Tuesday, April 5

Louie and Joe
by
Bret Fausett
on Tue 05 Apr 2005 11:19 PM PDT
ICANN's General Counsel and its outside counsel from Jones, Day. Plus more pictures from Tuesday here.

If It's Tuesday, This Must Be...
by
Bret Fausett
on Tue 05 Apr 2005 03:35 PM PDT
A spectacular day in Mar del Plata. We're inside again. Here's today's agenda.
Tuesday's ALAC mp3s below.
Today is Opening Day, the official start of spring in the United States.
Jordyn Buchanan: "I've
put together a brief paper that I'll be presenting in today's workshop
on expiring names. I'm attaching it here for your reference." ccTLD agendas and presentations.
Ram Mohan reports that the recent changes in ICANN's transfers policy did not play a role in the Panix incident. Good to know.
Sentan comments on the evaluation of .NET bids.
No comments yet on Version 7.0 of the Strategic Plan.
How about this?
Since each of the .NET bidders was judged technically competent to run
the .NET registry, why not give them each a consolation prize? Each
.NET bidder, other than the winner, immediately gets to select a new
gTLD to launch this summer.
ICANN: "In conjunction with its meetings in Mar del Plata this week, ICANN has published its latest newsletter."
CENTR: "In
the spirit of developing a structure that can include all of the ccTLD
managers, CENTR members would like to express some concerns to
ICANN...."
Bruce Tonkin posts some thoughts
on changes to the Registrar Accreditation Agreement. Here's one
additional change that I've written about in this space before: make registrants third-party beneficiaries of the RAA. This would get ICANN out of the business of policing registrars and put the authority in the hands of the registrants.
I've heard from people associated with both .TRAVEL and .JOBS that what is happening in .PRO will not happen in their TLDs. I'm sure they're right. But
would you have guessed two months ago that .PRO would be converted into
an unrestricted and open TLD in just a matter of weeks?
Bible.pro just sold on eBay.
The last session of the day yesterday was a public forum on ICANN's Operational Plan (real-time captioning here).
In other words, two hours was devoted to hearing from ICANN staff about
its priorities for the coming year, and ICANN staff heard (an earful)
about what we thought its priorities ought to be. I don't recall having such a session in the past, and yesterday's meeting was terrific.

The Revolution Will Be Podcast
by
Bret Fausett
on Tue 05 Apr 2005 10:26 AM PDT
Day 2 of the ALAC meetings, in podcast form. The first file is about an hour, the second about half of that.
2 Attachments
Monday, April 4

Pictures from Argentina
by
Bret Fausett
on Mon 04 Apr 2005 03:11 PM PDT

Podcast of ALAC-NCUC Joint Meeting, Part 2
by
Bret Fausett
on Mon 04 Apr 2005 02:13 PM PDT
In podcast form (i.e. downloadable mp3), here is Part 2 (approx. 22 minutes) of the joint meeting of the At Large Advisory Committee and the GNSO's Non-Commercial Users Constituency.
1 Attachments

Podcast of ALAC-NCUC Joint Meeting
by
Bret Fausett
on Mon 04 Apr 2005 02:00 PM PDT
In podcast form (i.e. downloadable mp3), here is Part 1 (approx. 1 hour) of the joint meeting of the At Large Advisory Committee and the GNSO's Non-Commercial Users Constituency.
1 Attachments

More Del Plata
by
Bret Fausett
on Mon 04 Apr 2005 12:04 PM PDT
Afternoon in Mar del Plata. The ALAC mp3s will be up around 6:00 pm local time. They're not bad, but they're large, and I've had difficulty getting the bandwidth on the Wi-Fi for the large uploads. I can use ethernet in the conference center though, so I'll use that when the day's sessions end.
By the way, just because I post something doesn't mean I agree with it. It does mean I think it's interesting, but that could be for any number of reasons. Maybe it's thoughtful...or provocative...or maybe it's just stupid on its face. If you think there's another side that's equally interesting, send me a link or post a comment.
I sat in on the public session between the Registrars and the ICANN Board. Vint Cerf again made strong comments about protecting the interests of the registrant. That seems to be the Board meme for Mar del Plata. How do we project responsibility onto the appropriate parties? How do we protect registrants from registry failure? How do we protect registrars from abusive registrants?
Bruce Tonkin: "...the Security and Stability Advisory Committee is running a public session on domain name hijacking issues on Tuesday 5 April 2005 from 6:30pm to 7:30pm. Some of the issues being discussed may have a bearing on refinement of the WHOIS and Transfers policies."
More coming.

Tidbits from Argentina, the Blogosphere, and Beyond
by
Bret Fausett
on Mon 04 Apr 2005 07:14 AM PDT
I'm podcasting today's ALAC meeting. I'll post the sound files
periodically throughout the day. This is a test, so quality may be
poor. Feedback welcome.
Here's the ALAC agenda, in a crude html export from Word.
Kieren McCarthy, writing in The Register: "The controversial report over ownership of the .net registry was fudged and the evidence is contained within the report itself...."
Dave Winer: "Make some new enemies for a change."
Or, at least, don't be afraid to argue with your friends.
The ICANN Compliance Program for Registries and Registrars is worth reading. It's new and was first published on Saturday night. It has implications for registrars, registries and registrants.
Karl Auerbach: "A few years ago I
suggested that we know more about how the college of cardinals selects a new
pope than we know about how ICANN makes its decisions...."
Eric Iriarte Ahon: "¿Quisiera saber si existe la intención de una política multilingue activa
que empiece, al menos, con el documento del Plan Estrategico.?"
Registrar agenda for today.
I'm hoping to sit in on the RAA discussion with Tim Cole. By the way,
"closed" sessions of registrar constituency meetings are a new
development. In the early days of ICANN, they were all open, all the
time. Fortunately for me today though, the RAA discussion is part of
the "open" session.
At some point today, I think every group except the ALAC and the
Non-Commercial Constituency of the GNSO will hold a "closed" session.
This certainly makes it awkward for new participants from the host
country and region. They're not free to just drop in on any meeting in
progress, as they should be. Instead that have to look over their
shoulder to see if anyone intends to show them the door.
I've sat in on some these "closed" meetings over the years and, believe
me, I've never heard a single thing that couldn't have been said in
public.
The National Academies has published Signposts in Cyberspace: The Domain Name System and Internet Navigation.
I know just enough Spanish to know that the television translation of
The South Park Movie didn't really capture what was happening on the
screen.

Breakfast with the Board
by
Bret Fausett
on Mon 04 Apr 2005 05:41 AM PDT
Monday's meetings started early, with a breakfast meeting among ICANN
Staff, the ICANN Board, and the GNSO Council. I wish I had had my
laptop out (or, better, a tape recorder) while Vint Cerf was speaking
about the priorities of the GNSO; regular readers of this weblog would
have been pleased to hear the emphasis he placed on the interests of
registrants.
I won't do his words justice -- Dr. Cerf is the most eloquent of
speakers -- but essentially he said that the overriding value guiding
all of the work in the GNSO must be the best interests of the registrants.
If we keep that value in mind, he said, the best interests of the
registrars and registries will follow. He also added that, thinking
like an engineer, he would like to build a better feedback loop for
information about ICANN policy development. Specifically, he said that
ICANN was good at developing policy but needs improvement in
implementing it, evaluating its effect and refining the policy in light
of experience. Well said....and inspiring.
Sunday, April 3

In Argentina
by
Bret Fausett
on Sun 03 Apr 2005 02:30 PM PDT
I'm in Mar del Plata. Arrived on Saturday after a fairly long trip: 3
hours to Dallas, 10 hours to Buenos Aires, and another 5 hours to Mar
del Plata. But the city is lovely and well worth the trip. I'll post
some pictures later in the week. It's a beach community, but without
the beach weather. Think Cape Cod in September. Last night I
gathered with my ALAC colleagues for dinner. The meeting organizers
were kind enough to provide those of us who speak English with an easy
guide to Argentina's menus. I'm always grateful for the efforts made to
make English-language speakers comfortable, but I feel bad for those
who don't speak English or Spanish well. I'm certain that I wouldn't be
doing what I'm doing if ICANN conducted its meetings in German, French
or Mandarin. Much buzz here about .NET and the Telecordia report (e.g., see here and here).
What I didn't understand in reading the report was how the word
"Sitefinder" didn't show up once. Can anyone explain that? How is it
that all of this wasn't relevant to the .NET rebid? And what other company awards a significant contract to a company that is suing it?
Interesting .TRAVEL-related post from Edward Hasbrouck: "...the TTPC-Tralliance agreement raises many more question
than it answers...."The
GNSO Council held a meeting this afternoon to discuss the "GNSO
Operational Plan." I brought along one of my new ALAC colleagues,
attending her first ICANN meeting, to allow her to watch what happened
in the GNSO. And what an introduction it was. Marilyn Cade reported
that the meeting was closed. I countered that all GNSO Council meetings
were open. A thirty minute discussion ensued, much too long, in which
the Council finally voted 7-6, with 1 abstention, to hold an open
meeting. The vote split along the usual lines. During the discussion on whether the meeting was open or closed, my new ALAC colleague politely left. Welcome to the GNSO.Having now reviewed the bylaws and the GNSO's own rules of procedure,
it's now clear (to me, at least) that all GNSO meetings are
presumptively open, though a majority of the Council may vote to close
it. You can see the Council thread on this issue here. On substance, the Council set some rough priorities for the coming months:
MAJOR TASKS
WHOIS New gTLDs Strategic Plan
SIGNIFICANT TASKS
Registry services Compliance Deletes Transfers GNSO review outcomes ( Link here). Big agenda. More to come.
Wednesday, March 30

Neustar IPO!
by
Bret Fausett
on Wed 30 Mar 2005 01:27 PM PST
Coming soon, to complement your DNS stock portfolio.
Monday, March 28

.NET Report Published
by
Bret Fausett
on Mon 28 Mar 2005 08:53 PM PST
Excerpt from the ICANN Report: "The final scoring result gave a slight advantage to VeriSign over Sentan, who were in order followed by Afilias, Denic and CORE++. "

ICANN's Draft Corporate Governance Principles
by
Bret Fausett
on Mon 28 Mar 2005 04:55 PM PST
This is interesting...and sort of out of the blue (from my vantage point down here in the blogosphere). It's a set of "Core Principles and Corporate Governance Guidelines." Is it necessary?
Several initial impressions. First, I'm not sure why ICANN should
commission an independent Executive Compensation study. From what I can
tell, ICANN's compensation is consistent with the Los Angeles market --
and if you compare it to other non-profits, perhaps even on the high
side. The benefits also appear terrific. What's to study?
Second, and most importantly, 5(d) and 5(e) ought to be stricken
altogether. Board members are each different, and they bring different
perspectives to the Board; those differences should be considered a
strength. So should the differences between the Board and the staff.
The idea that a Board member should not "undermine" the Chief Executive
Officer strikes me as antithetical to the Board's obligation to
exercise independent judgment. The Board shouldn't undermine the corporation
(indeed, the law places obligations on Board members not to do so), but
criticism of the CEO is expected. The Board's duty runs to the
corporation itself, not the executive. In fact, you can easily imagine
a variety of scenarios in which a Board member's perceived duty to the
corporation and his or her loose, undefined obligation not to
"undermine" the CEO would conflict. Under the law, the CEO always loses
that fight.
Finally, I wouldn't recommend that any Board member sign the oath at
the bottom of this. That part should be stricken too. These may be fine
as aspirational goals, but so long as the statement of principles
contains restrictions on a Board member's activities ( e.g.,
Board members "should be careful... not to undermine [the CEO] by word
or action"), they shouldn't be binding. California law governs the
obligations of Board members to a corporation, and the Board should
preserve its right to act to the full limit of the law in performing
its duties.

Clarification on .NET
by
Bret Fausett
on Mon 28 Mar 2005 08:15 AM PST
Some folks in the press are reporting that ICANN will announce its decision on .NET later today. That's not correct. What ICANN will release today is the report from Telecordia
ranking the applicants. For .ORG, ICANN ultimately followed the
recommendation of the independent evaluation panel, and I would expect
the Board to give great weight to Telecordia's recommendation, but the
rankings released later today won't necessarily tell us which bidder
will be awarded the .NET contract.
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