Reminder CCT RT Initial Draft Comments for NCSG

Kathy Kleiman kathy at KATHYKLEIMAN.COM
Wed May 17 10:33:48 EEST 2017


Milton,

Great additions and critiques of Recommendations 1-15!  I've added three 
more sections for our review of Recommendations 16 to 50.  Please join 
us in reviewing and evaluating these recommendations!

Best, Kathy


On 5/17/2017 9:50 AM, Mueller, Milton L wrote:
>
> I have added a bunch of stuff to the document.
>
> *From:*Rafik Dammak [mailto:rafik.dammak at gmail.com]
> *Sent:* Tuesday, May 16, 2017 10:25 PM
> *To:* Mueller, Milton L <milton at gatech.edu>; Kathy Kleiman 
> <Kathy at kathykleiman.com>; Ayden Férdeline <icann at ferdeline.com>
> *Cc:* NCSG-DISCUSS at listserv.syr.edu
> *Subject:* Re: [NCSG-Discuss] Reminder CCT RT Initial Draft Comments 
> for NCSG
>
> Hi Ayden, Kathy, Milton,
>
> thanks for the comments and suggestion, can you please include them 
> directly in the google doc?
>
> Best,
>
> Rafik
>
> 2017-05-16 7:42 GMT+09:00 Mueller, Milton L <milton at gatech.edu 
> <mailto:milton at gatech.edu>>:
>
>     Kathy
>
>     Thanks for calling this out. I have scanned the report and read
>     the executive summary and recommendations. This is an odd but very
>     ICANNesque report. Look at the basic conclusions the report reached:
>
>     Initial indications are that the New gTLD Program has led to a
>     dramatic increase in consumer choice, a modest increase in
>     competition and minimal impact on consumer trust.
>
>     Those are the conclusions actually supported by the data.
>     Unfortunately, politics set in immediately and the recommendations
>     reflect an attempt by the IPR interests – who have completely lost
>     their attempt to show that new TLDs were a plague – to win by
>     losing. So the massive number of recommendations, several of which
>     call for holding up all new applications until dozens of studies
>     and changes are completed, are in effect a fishing expedition
>     license that would give the anti-industry crowd another 2 years to
>     find some data – any data – that they can use to hold things up
>     even longer:
>
>     “Nonetheless, the Review Team believes that there is a substantial
>     need for more and better data on both competition and pricing and
>     on the impact of safeguards on consumer protection.”
>
>     I agree that the data collection recommendations are excessive and
>     reflect the momentum created by a growing bureaucracy. Many have
>     almost nothing to do with consumer protection. One could also
>     characterize this as an attempt by the CCT RT to prolong its
>     existence. It’s nice being flown around…
>
>     I probably won’t have time to play a big role in comment
>     development but would urge you not to go one by one through the 50
>     recommendations. Rather, I would group them into a few simple
>     categories, such as:
>
>     A)Useful
>
>     B)Delaying tactic
>
>     C)Needless bureaucratic expansion that is unjustified by any
>     finding in the report
>
>     Finally, I burst out laughing at this one:
>
>     “the CCTRT found that GAC participation in the application and
>     evaluation process was largely beneficial and led directly to
>     modifications of applications and applicants more successfully
>     navigating the process.”
>
>     Obviously an entirely political finding, for despite repeated
>     references to “data-driven analysis” in the report I cannot find
>     any hard data that supports this conclusion. I think we should
>     call that out. GAC interventions in the application and evaluation
>     process were highly disruptive, unfair, inconsistent, persistently
>     deviated from settled GNSO policy directions, and resulted in all
>     kinds of shadow regulation. We must challenge that finding. At the
>     same time, we should be praising the report for basically coming
>     to the right conclusions when they stick to the facts: opening up
>     the market for new TLDs increased consumer choice, increased
>     competition, and has no discernable negative effect on consumer
>     trust.
>
>     Dr. Milton L Mueller
>
>     Professor, School of Public Policy <http://spp.gatech.edu/>
>
>     Georgia Institute of Technology
>
>     Internet Governance Project
>
>     http://internetgovernance.org/
>
>     *From:*NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU
>     <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>] *On Behalf Of *Kathy Kleiman
>     *Sent:* Monday, May 15, 2017 1:20 PM
>     *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU
>     <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>
>
>
>     *Subject:* Re: Reminder CCT RT Initial Draft Comments for NCSG
>
>     I agree with Ayden about adding sections that review the
>     recommendations one by one. The fact that there are 50 is
>     extraordinary in and of itself.
>
>     Some initial thoughts:
>     1)  A large amount of collection of pricing data is requested in
>     Draft Recommendations 2-8.  For those who work with pricing
>     issues, what concerns are raised by ICANN collecting, publishing
>     and acting on pricing data?
>     2) A number of recommendations direct the GNSO Working Groups to
>     take additional interests and concerns into account. Should a
>     Review Team be directing Working Groups and GNSO policy
>     considerations (particularly here where the Review Team is putting
>     their fingers on the scale towards the interests of Intellectual
>     Property and Business Constituencies?)
>     3) A number of the recommendations are very vague. This gives
>     great power and discretion to those who will interpret and
>     implement the recommendations. How best to clarify?
>     4) As Ayden points out, Shadow Regulation appears to be an
>     integral part of these recommendations -- with a very broad
>     approach to abuse.  How to narrow to the type of abuse we
>     generally consider to be within the scope of ICANN, e.g,. abuse
>     that impacts the security and stability of the Internet (botnets,
>     malware...)
>
>     Work ahead!  Please jump in!
>     Kathy
>
>     On 5/15/2017 10:57 AM, Ayden Férdeline wrote:
>
>         Hi all,
>
>         The Google Doc is opening for me. Thanks for the first draft
>         of this, Poncelet. I would like to suggest that we structure
>         our comment along the 50 (!) recommendations that are in the
>         draft report, if not addressing all of them, at least reacting
>         to the most pertinent ones.
>
>         From memory, the Canadian International Pharmacy Association
>         expressed concern in Copenhagen over similarities between some
>         of the recommendations in the CCT RT initial draft and the
>         "Healthy" Domains Initiative. So we might want to look out for
>         traces of shadow regulation in the report. Thanks.
>
>         Best wishes,
>
>         Ayden Férdeline
>
>         linkedin.com/in/ferdeline <http://www.linkedin.com/in/ferdeline>
>
>             -------- Original Message --------
>
>             Subject: Re: Reminder CCT RT Initial Draft Comments for NCSG
>
>             Local Time: May 15, 2017 2:12 PM
>
>             UTC Time: May 15, 2017 1:12 PM
>
>             From: matthew at INTPOLICY.COM <mailto:matthew at INTPOLICY.COM>
>
>             To: NCSG-DISCUSS at LISTSERV.SYR.EDU
>             <mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>
>
>             Hi all - thanks Rafik.
>
>             Have any third parties - outside of ICANN - done any work
>             on this issue? It would be important to see if there has
>             been I think.
>
>             Also, I don't seem to be able to access the google.doc  -
>             says I need permission.
>
>             Thanks.
>
>             Matthew
>
>             On 15/05/2017 14:22, Rafik Dammak wrote:
>
>                 Hi all,
>
>                 this is a reminder to review and add your comments on
>                 the draft made by Poncelet for NCSG on the
>                 Competition, Consumer, Consumer Choice review team
>                 report
>                 https://docs.google.com/document/d/1agDMTd8rDvhDb5mwg6fdfQSyRpQZjtjxmGaqx5NCJG8/edit
>
>
>                 (the public comment is here
>                 https://www.icann.org/public-comments/cct-rt-draft-report-2017-03-07-en)
>
>                 the deadline for submission is the 19th May.
>
>                 Best,
>
>                 Rafik
>
>                 Image removed by sender.
>                 <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
>
>                 	
>
>                 Virus-free. www.avg.com
>                 <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
>
>             -- 
>
>             Matthew Shears
>
>             matthew at intpolicy.com <mailto:matthew at intpolicy.com>
>
>             +447712472987 <tel:+44%207712%20472987>
>
>             Skype:mshears
>

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