New gTLD Applicants now have a more fair and reasonable ICANN auction framework. A collaborative negotiation between the New TLD Applicant Group (NTAG) Auctions Working Group and ICANN Staff resulted in changes that improve the auction rules and bidder agreement. The indemnification and waivers in the agreement are now aligned with breaches that applicants can control. Applicants also now have an indemnification from Power Auction for third party claims related to IP infringement.
Given the "going live" of New gTLDs as well as the NTIA's announcement of its intent to transition Internet domain name functions to a multi-stakeholder environment, the 49th ICANN meeting in Singapore was sure to be a busy one. Here's a breakdown of some of the key happenings during the week.
In my special role as adviser to the UN Broadband Commission I reported extensively in 2013 on the WCIT-12 conference in Dubai. Unfortunately the world disagreed on a way forward in relation to internet governance. However, despite all the grandstanding of the USA and its western allies, simply ignoring it and saying "there is no room for governments to be involved in internet governance" - will not make the issue go away.
When Steve delBianco from NetChoice testified (April 2, 2014) in the Subcommittee on Communications and Technology of the US House of Representatives on "Ensuring the Security, Stability, Resilience, and Freedom of the Global Internet", he proposed a stresstest for new mechanisms which could substitute the role of the NTIA in overseeing the IANA contract with ICANN. Stresstests are good. It is good for cars, it is good for banks and it is good for new mechanisms...
Two weeks ago, the US government announced it would transition its role in the IANA functions to the global Internet community. It tasked ICANN with the job of arriving at a transition plan and noted that the current contract runs out in 18 months' time, 30 September 2015. This week, ICANN started that process at its meeting in Singapore. And on the ground were the two key US government officials behind the decision.
You don't necessarily need to walk before you can run, but you should probably look where you are going before you do either. The U.S. Government's announcement that it would transition out of its unique legacy role in ICANN set off a powder keg at ICANN, as stakeholders from every corner of the community rushed to offer their recommendations on how to fill the impending contractual vacuum with something, new, better, and appropriately reflective of the multi-stakeholder model.
On Friday, 14 March 2014, the U.S. Department of Commerce National Telecommunications and Information Administration (NTIA) announced its intention to transition the IANA functions to the global multistakeholder community. As expected, the announcement has sent adrenaline coursing through the veins of Internet governance experts and government policy people the world over. I'd argue, however, that it is an important point for the Internet's technical experts to sit up and take notice, as well: the fact that you are probably saying "what problem does this solve?" is a testimony to how much works well today, and we want to make sure it continues to work well in any future arrangements.
Earlier this week, I posted from Singapore on the challenges we face in designing the transition of IANA functions from the US government to the global multistakeholder community. Now, let's consider how a programmer would design new mechanisms to accomplish this transition. For starters, a programmer would need something more than high-level principles. Coding requires use cases for routine interaction and especially for cases where users don't follow the expected routine and where the real world intervenes with inconvenient problems.
It is no secret that both the US government, ICANN, and the global Internet community have argued and worked tirelessly for the past 15 odd years on the vexing issue of globalizing the US government's role in the IANA function. Despite the desire, long-held by many, for the US to relinquish its control of the IANA function, it is clear that getting to full multistakeholder control of the function is not going to be easy.
It's clear that the US government is intent on dropping its legacy contractual role for the IANA functions. Whatever your views on the wisdom or timing of that decision, the challenge now is to ensure that the transition leaves ICANN in the best possible position to succeed. Arriving yesterday to the island nation of Singapore felt strangely appropriate. Over the past week I've been one of the lonely people in the ICANN community to express concern about the US government's decision.