Posts Tagged ‘GNSO’

Who are the true multi-stakeholders in ICANN?

Thursday, September 19th, 2013

By Donna Austin

Adrian Kinderis

During ICANN Durban, I attended the ccNSO 10 year anniversary celebrations.

ICANN Chairman, Dr Steve Crocker, was on hand to congratulate the ccNSO on their 10 years and revered them as the “true multi-stakeholders in ICANN”.

Post Durban, I was reviewing notes and I came across a similar statement made during a ccNSO session that ccTLDs “represent the best functioning multi-stakeholder model” in the ICANN ecosystem.

Is this entirely accurate? Is the ccNSO really the golden child of ICANN’s multi-stakeholder model?

While there is no doubt that the ccNSO has been instrumental in influencing policy development and championing change for their cause, are they really ICANN’s “true multi-stakeholders”?

Let’s recap

When I first started attending ICANN meetings back in 2001 representing the Australian Government as the coordinator of the GAC, ccTLDs were pretty much sitting outside the tent. There was considerable distrust between the ccTLD community and ICANN at the time and regular meetings between the ccTLD operators and the GAC could be rather frosty events.

In 2005, when I joined ICANN staff as policy support for the ccNSO, relationships were slowly mending and both the ccTLDs and ICANN were recognising the mutual benefits of having ccTLD operators inside the ICANN tent.

So against this background, it is a tremendous achievement that the ccNSO is now well-established and an important contributor in the ICANN community.

However, the ccNSO has a stronger focus on collaboration, information sharing and best practice adoption, rather than a true aspiration for the Policy Development Process (PDP) that underpins a multi-stakeholder model. This is in large part because the participation of a ccTLD registry operator in the ccNSO and ICANN – and adoption of any policies that might be developed – is on a ‘voluntary’ basis.

ccTLDs are not bound by ICANN consensus policies and operate largely unfettered without interference from ICANN.

I don’t deny that within their respective countries or territories ccTLDs engage in multi-stakeholder style consultations and policy undertakings, but I do not agree that they are the ‘true multi-stakeholders in ICANN’.

While the ccNSO thoroughly deserves plaudits on a highly successful 10 years, I question whether they are the preeminent representation of the multi-stakeholder model.

The GNSO

Instead of the ccNSO, I would argue that the GNSO is the prime example of the multi-stakeholder model operating at its full capacity. It might at times look like a dog fight, but that’s the beauty of the model.

The GNSO has a long history of undertaking policy development processes and perhaps the most contentious and the one that still lingers is the PDP that recommended the introduction of new gTLDs.

I used to think it was inappropriate for those that stood to benefit from the new gTLD process to be involved in the policy development process that recommended the introduction of new gTLDs. But what I’ve come to appreciate and understand is that the only way for the ICANN experiment to succeed – at least in the short term – was to ensure that those who had a dog in the fight were involved in the process.

The development of the new gTLD program has been the process – while often times messy – that has led in large part to the maturation of ICANN and the expansion of the GNSO into a more diverse and dynamic set of interest groups. The process has also brought considerably more interplay across ICANN’s structure of supporting organisations, advisory committees, the ICANN Board and staff.

As ICANN contracted parties, there is also much more at stake for the gTLD registries in these PDPs as the outcomes will have some impact on their business. All gTLD registry operators sign contracts with ICANN acknowledging that they will be bound not only by consensus policies that exist at the time of signing the agreement, but any consensus policies approved at a later date.

So it’s understandable that some of the policy debates that take place within the GNSO are very robust, hard fought and lengthy. Finding consensus in such an environment should be applauded and exalted by ICANN and time should be taken by those new to ICANN to understand and appreciate the machinations of the process.

The GNSO should be ICANN’s flagship. It is the central policy organ that is so important to the bottom-up, consensus driven, multi-stakeholder model that is ICANN.

As Jonathan Robinson, Chair of the GNSO Council, noted prior to Durban:

“… ICANN’s multi-stakeholder model is complex, dynamic and necessarily evolving.”

Those of us that have been engaged in this community for a long time will understand the multi-facets of the SOs and ACs that collectively are the “true multi-stakeholders in ICANN”.

After 12 years of following this circus, I am finally starting to get it.

By Donna Austin
Policy and Industry Affairs Officer
ARI Registry Services

Registry/Registrar Separation: clarifying the mess!

Wednesday, February 17th, 2010

By Tony Kirsch

Do you keep hearing about this Registry/Registrar Separation (or Vertical Integration) issue but really aren’t sure what it’s all about?

This post should help you to get a better understanding of the details of this saga which is one of the most controversial, yet still unresolved issues within the new gTLD program.

The outcome of this debate will have a large impact on the final shape of the gTLD program and there is much at stake for those involved.  In simple terms,  the two positions are as follows;

a)    Pro-integration – argues that the currently mandated separation between Registrars and Registries is outdated and unnecessary.

As a result, for example, VeriSign is prohibited from selling domain names in .com and .net to end users as they are the Registry provider, with similar restrictions in place across other gTLDs such as .biz, .org and .info.

The background to this model was the former monopoly position enjoyed by Network Solutions as both the Registry and sole Registrar for the .com, .net and .org TLDs (VeriSign acquired Network Solutions in 2000 and subsequently sold the brand and the Registrar business in 2003).

Desired outcome: Registry operators will be able to also act as a Registrar for domain names in their own gTLD

b)    Pro-separation – argues that, should Registries be able to also act as Registrars in their own TLD, the risk of them misusing data regarding consumer demand is too high. This would be data that, as a Registry and Registrar in a TLD, would only be available to that applicant and may provide competitive advantage.

Desire outcome: Maintain the status quo situation for new gTLDs. A Registry would be prevented from selling domain names in their own gTLD but could own other TLDs provided they did not retail them.

Of course, there are variations on these positions but these are the salient points being argued by the community.

There have been significant revisions of the proposed policies relating to this issue in various versions of the Draft Applicant Guidebook and the argument has effectively gone around in circles. In particular, the CRA International paper that seemed to provide options that would suit the majority of participants was accepted by ICANN staff as a path forward in Draft Guidebook version 2. However, this was removed due to public pressure in Draft Guidebook version 3 and ICANN staff have continued to leave this issue open for public comment and guidance.

At the request of the Generic Names Supporting Organisation (GNSO), ICANN staff provided an issues paper for public comment in mid-December 2009 addressing the topic of Vertical Integration.  The purpose of this paper was to assist the Council in deciding whether it was acceptable to move forward with new gTLDs without a full Policy Development Process (PDP) to find a consensus-based resolution to this issue.

Note – Policy Development Processes are undertaken by the Council to make a wide range of gTLD policies and have historically taken at least six and sometimes greater than 12 months to complete. Not great news for those who have been waiting for new gTLDs for quite some time already.

This issues paper effectively said that;

a)    given that any outcomes from a PDP would be unlikely to alter the contracts of the existing Registries such as .com, and

b)    given that the GNSO could effectively help with the planning of the new gTLD program,

that ICANN staff recommend that a PDP be delayed until after the first round of new gTLDs is completed to allow time for more data to be gathered and to facilitate a better understanding of the potential impacts of the options to be considered.

Recently, it appears that this recommendation has been ignored by the GNSO Council and that that the issue of Registry/Registrar Separation is heading towards a PDP. This gives rise to new concerns about potential further delays in the new gTLD program and compounds existing industry perception about ICANN’s ability to work through these issues with any level of expediency.

Simultaneously and perhaps even more confusingly, the ICANN Board have suggested that this will be a topic of conversation at the Nairobi Board meeting in March and in a release yesterday stated that they would be publishing for community comment a new registry-registrar separation model for inclusion in the next draft of the gTLD agreement, due in June.

Confused? You’re not alone.

At this stage all we can do is hope for a clear process from the Expression of Interest and trust that between the Board and/or the GNSO that we remain focused on moving forward to a decision on this ongoing issue as soon as possible.