[council] GAC letter regarding EOI

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

From:
http://www.icann.org/correspondence/karklins-to-dengate-thrush-26jan10-e
n.pdf

Mr. Peter Dengate Thrush
Chairman of the Board
ICANN

Re: GAC advice to the ICANN Board regarding the EoI process


Dear Peter,

The GAC appreciates the efforts of the Board and staff to explore the
possible benefits and downsides of an Expression of Interest (EoI) phase
for the new gTLD program.  GAC recognises that such a process could help
provide data on key questions relating to root scaling, staff
administrative workload, and the different types of strings in the first
round. 

However, there is still significant ambiguity about the purpose of such
an EoI: mere data gathering or mandatory pre-registration.  GAC notes
that in the latter case the EoI could have a significant impact on the
new gTLD program and that it should not prejudice the treatment of some
outstanding policy issues.

In this context, the GAC would like to express concerns regarding the
consultation process, including that: 

-       the first call for comments in November - December 2009 had very
limited visibility and duration;

-       the objections raised in those limited consultations were not
sufficiently examined in the summary of comments prepared by staff; 

-       no request has been made for GAC's opinion, despite the clear
public policy implications of the proposal (cf. Article III Sec 6 1 c.
of the Bylaws); and

-       if the Board takes a decision in February 2010 on the EoI, there
will have been no opportunity for face-to-face community interaction on
this  important new proposal before the final decision (contrary to
Article III, Sec. 6 2 of the Bylaws). 

To co-ordinate the global Domain Name System in the public interest, and
make its decisions in an accountable and transparent manner as requested
by the Affirmation of Commitments, ICANN must provide an opportunity for
broad cross-community interaction on this important process before final
decisions are made.

The GAC believes that the risks raised by the current draft EoI proposal
must be more thoroughly evaluated. In particular, the proposed EoI model
may:

-       give an unfair advantage to some ICANN participants  who could
pre-empt the most valuable strings before the rest of the world is fully
aware of the gTLD program; 

-       allow a speculative market for "EoI application slots"; and

-       penalize developing country applicants, and small non-profit TLD
projects that none-the-less operate in the public interest.  

GAC recalls its March 2007 Principles on new gTLDs and intends to
provide further comments on the EoI proposal before or at the Nairobi
meeting, taking into account reactions by the community and comments
posted.

In view of the above, the GAC therefore advises the Board to:

-       avoid taking a decision on the EoI at its February meeting and
defer it until the next ICANN Public meeting.  A premature decision
could trigger requests for reconsideration and further derail the
discussion;

-       request that staff facilitate a full cross-community
deliberation on the EoI at the next ICANN Public meeting, prior to any
final decisions; and

-       ensure that the second summary of comments clearly documents the
respective interests of respondents.  

The GAC would welcome the Board's early consideration and response to
this advice. 


Yours sincerely

Janis Karklins
Chairman of the Governmental Advisory Committee,
Ambassador of Latvia to France