[kictanet] why i voted fo .xxx- by susan crawford

alice alice at apc.org
Fri Apr 6 17:13:55 EAT 2007


Okay....policy formulation is a pretty complex process made even more 
complex when issues of cultural values etc are at stake and especially 
if there is room for all interests groups to express their stands/issues...

This has become quite an emotive subject and I can bet you that ICANN 
will soon have to deal with more of these.

thanks  and best
alice



Alex Gakuru wrote:
> Alice! Pretty powerful "impose all intolerances cumulatively on 
> everyone". My response would be like:-)  "ICANN board asserted that 
> capitalism too has limits" or "end-users carry the day forcing the 
> internet's highest technical authority to listen to their majority 
> (*read* democratic) voices", or something like that.
>
> The internet tolerates this content and googling "porn filter" shows 
> opposite efforts proving democratic space does exist and there is 
> already a big enough problem getting filtering it off the .coms among 
> other others which *were not to disappear* if it was approved anyway 
> (incidentally these were threatened by proposed .xxx)
>
> What I am opposed to is the .xxx status elevation, without an openly 
> identifiable supporting community of users besides the porn industry, 
> who already have their own freedom and space.
>
> Also, approving .xxx would have meant everyone is told of existence of 
> .xxx before connection-->back-door free marketing of this domain all 
> over the world?
>
> To the balance of 5 out of 6 billion global population unconnected, 
> internet risks being synonymous to porn which would deter internet 
> uptake among connectivity deprived global population, hampering 
> various many other productive uses of the internet.
>
> However, I understand opinions expressed, such as, from "Dot-XXX 
> Decision Exposes Cracks in Net Governance System" 
> <http://www.michaelgeist.ca/content/view/1260/135/> but clearly 
> Americans libraries users have the same similar problems with is 
> domain  <http://www.wired.com/politics/law/news/2003/06/59359>
>
> But if anyone pointed me to just one country where a democratic 
> majority of internet users support this domain, then perhaps I may 
> reconsider my position.
>
> /Alex
>
> */alice <alice at apc.org>/* wrote:
>
>     Alex, am afraid then this would be an attempt to "impose all
>     intolerances cumulatively on everyone" ICANN's criteria for
>     consideration of TLD selection will constantly pit one culture
>     against
>     another and in a way this invites the view that creation of TLD's is
>     based on a set of ideas rather than coordination of unique strings.
>
>     I am afraid this is the beginning of suppression of diversity and
>     expression. ICANN should have approved and let public policy at the
>     national level negotiate and regulate according to their norms
>
>
>
>
>     Alex Gakuru wrote:
>     > Alice,
>     >
>     > Sorry I defer slightly on this, "In cases of conflict, public
>     interest
>     > is supreme", whether regarding internet, broadcasting, print,
>     > advertising and all other media. To me, the same goes with ICANN.
>     >
>     > Maybe ICANN decision processes are the problem, it is the issue
>     at hand,
>     > but where would it be the highest best place to establish a
>     precedent?
>     > ICANN.
>     >
>     > I fear we could be ventilating to ICANN while this remains a
>     test on
>     > right
>     > or wrong with ICANN in focus this time around?
>     >
>     > Next time will it not be, if it not always been, regulators over
>     this
>     > content
>     > on TV, radio channels, print media, advertisements not internet
>     domain
>     > names policy.
>     >
>     > Principally, would endorsing this domain generate more "eager want"
>     > essentially translating to advertising and popularising as now
>     "ICANN
>     > globally acceptable norms"? And In the process wooing vulnerable,
>     > info-challenged (such as our rural 30 millions currrently
>     unconnected)
>     > and innocent kids who will end up trapped?
>     >
>     > .xxx is bad for Kenya's economy. Global annual profits from
>     trafficked
>     > forced labour is $32 billion (Sh2.4 trillion) with the Middle East,
>     > North and sub-Saharan Africa generating $1.75 billion (Sh131
>     billion).
>     >
>     > To grasp the impact and our international perception, relate
>     this with
>     > global human trafficking which Kenya, unfortunately, has not had a
>     > very good record. Although things have changed with media
>     reports of
>     > many coastal raids, in
>     > 2004 were ranked on "Tier 2 watchlist" in this document
>     >
>     > �Kenya is a country of origin, destination, and transit for
>     victims
>     > trafficked for the purposes of sexual exploitation and forced
>     labor.
>     > Victims are trafficked from South Asian and East Asian countries
>     and
>     > the Middle East through Kenya to European destinations for sexual
>     > exploitation.
>     > Asian nationals, principally Indians, Bangladeshi, and Nepalese,
>     are
>     > trafficked into Kenya and coerced into bonded labor in the
>     > construction and garment industries. Kenyan children are trafficked
>     > internally from rural areas to urban centers and coastal areas into
>     > involuntary servitude, including work as street vendors and day
>     > laborers, and into prostitution. Women and children are trafficked
>     > from Burundi and Rwanda to coastal areas in Kenya for sexual
>     > exploitation in the growing sex tourism industry.�
>     > So what's the big deal .xxx? That stuff is plenty already out there
>     > will not
>     > automagically disappear from current domains, if .xxx was agreed to,
>     > maybe it would have even become more expensive to target users
>     > anyway because domain name sponsors would expect a royalty fee?
>     >
>     > Needless to say this would also make it more lucrative for
>     content filter
>     > programs makers.
>     >
>     > Curiosity killed the cat. More interest would be created to
>     access among
>     > kids told never to go to these domains- (like in the Adam and
>     Eve story).
>     >
>     > Who will be next after ICANN, advocates may ask for legit
>     billboards,
>     > specialised broadcasts channels and because they claim will be
>     > responsible, they will ask all radio and TV owners to buy special
>     > channels filters, as new channels get "licensed"? Filters would be
>     > a very big additional cost to many users around the world. Content
>     > filters selling programs is already quite lucrative business.
>     >
>     > /Alex
>     >
>     > */alice /* wrote:
>     >
>     >
>     > Agree with you Njeri that ICANN's core mandate is technical
>     > regulation
>     > of the internet, however, the moment it made a decision on the dot
>     > XXX,
>     > a matter in my opinion that is ideologically loaded, it is moving
>     > out of
>     > technical regulation into the public policy sphere.
>     >
>     >
>     > Reason why numerous countries, and the EU for example, raised
>     > issues of
>     > public policy principles for management of internet resources
>     > during the
>     > WSIS Tunis agenda.
>     >
>     >
>     > As others have observed, the decision is indeed a symptom of
>     > international policy malaise on developing globally acceptable
>     > rules for
>     > governing the internet in the interest of the public and these
>     > contradictions are likely to recur.
>     >
>     >
>     >
>     >
>     >
>     >
>     > Njeri Rionge wrote:
>     > >
>     > > Rebecca, I personally prefer to remain succinct.
>     > >
>     > > In addition to the reasons stated in the resolution, I vote no
>     > for the
>     > > following reasons.
>     > >
>     > >
>     > > 1. that the ICM proposal does not take into account the
>     > > global cultural issues and concerns that relate to the
>     > > immediate introduction of this TLD onto the internet,
>     > > 2. that the ICM proposal will not protect the relevant or
>     > > interested community from the adult entertainment
>     > > websites by a significant percentage
>     > > 3. that the ICM proposal focuses on content management
>     > > which is not in ICANN�s technical mandate
>     > > 4. the ICM proposal conflicts with our recently consistent
>     > > rebattle with ITU during the WSIS, which is still very
>     > > fresh in our minds and the community, we need to be
>     > > consistent with core mandate of ICANN
>     > >
>     > >
>     > > In reference to the resolution, this can be accessed:-
>     > > http://www.icann.org/announcements/announcement-30mar07.htm
>     > >
>     > > Be reminded that the vote was 9 against and 5 for, and 1
>     > abstention.
>     > > If you look at the trend from inception, this matter has even
>     > received
>     > > a for vote initially and therefore cannot be sighted my this
>     > fact that
>     > > the vote was based on morality and personal believes. This has
>     > been a
>     > > complex issue and will continue to be until we resolve some
>     > > fundamental principles of structure and redefined objectives
>     of the
>     > > institution/corporation as a whole.
>     > >
>     > > Ps, this information was posted on the internet as well.
>     > >
>     > >
>     > > Njeri,
>     > >
>     > >
>     > > On 4/5/07 9:09 AM, "Rebecca Wanjiku" wrote:
>     > >
>     > > i thought we should expect reasons/explanations like this from
>     > > ICANN representatives on the board,
>     > > just a thought,
>     > > read on
>     > >
>     > >
>     > > *Why I Voted for .XXX
>     > > *
>     > > By *Susan Crawford*
>     > >
>     > >
>     > >
>     > > *The ICANN Board voted today 9-5, with Paul Twomey abstaining, to
>     > > reject a proposal to open .xxx. This is my statement in connection
>     > > with that vote. I found the resolution adopted by the Board
>     > > (rejecting xxx) both weak and unprincipled.
>     > > *
>     > > I am troubled by the path the Board has followed on this issue
>     > > since I joined the Board in December of 2005. I would like to make
>     > > two points. First, ICANN only creates problems for itself when it
>     > > acts in an ad hoc fashion in response to political pressures.
>     > > Second, ICANN should take itself seriously as a private governance
>     > > institution with a limited mandate and should resist efforts by
>     > > governments to veto what it does.
>     > >
>     > > *Role of the Board
>     > > *
>     > > This decision, whether to admit a particular non-confusing, legal
>     > > string into the root, is put before the ICANN Board because (1) we
>     > > purport to speak on behalf of the global internet community and
>     > > (2) the U.S. Department of Commerce defers to the judgments of
>     > > that community when deciding what to tell its contractor to add to
>     > > the authoritative root zone file.
>     > >
>     > > As a Board, we cannot speak as *elected* representatives of the
>     > > global internet community because we have not allowed elections
>     > > for Board members. This application does not present any difficult
>     > > technical questions, and even if it did we do not as a group claim
>     > > to have special technical expertise. So this is not a technical
>     > > stability and security question. It seems to me that the only
>     > > plausible basis on which the Board can answer the question in the
>     > > negative ("a group of people may *not* operate and use a lawful
>     > > string of letters as a top level domain") is to say that the
>     > > people affected by this decision have a broadly shared agreement
>     > > that the admission of this string to the root would amount to
>     > > unjustifiable wrongdoing. Otherwise, in the absence of technical
>     > > considerations, the Board has no basis for rejecting this
>     > application.
>     > >
>     > > Let me explain. The most fundamental value of the global internet
>     > > community is that people who propose to use the internet protocols
>     > > and infrastructures for otherwise lawful purposes, without
>     > > threatening the operational stability or security of the internet,
>     > > should be presumed to be entitled to do so. In a nutshell,
>     > > �everything not prohibited is permitted.� This
>     understanding, this
>     > > value, has led directly to the striking success of the internet
>     > > around the world.
>     > >
>     > > ICANN�s role in gTLD policy development is to seek to assess and
>     > > articulate the broadly shared values of the internet community. We
>     > > have very limited authority and we can only speak on behalf of
>     > > that community. I am personally not aware that any global
>     > > consensus against the creation of an .xxx domain exists. In the
>     > > absence of such a prohibition, and given our mandate to create TLD
>     > > competition, we have no authority to block the addition of this
>     > > TLD to the root.
>     > >
>     > > It is very clear that we do not have a global shared set of values
>     > > about content online, save for the global norm against child
>     > > pornography. But the global internet community clearly *does*
>     > > share the core value that no centralized authority should set
>     > > itself up as the arbiter of what people may do together online,
>     > > absent a demonstration that most of those affected by the proposed
>     > > activity agree that it should be banned.
>     > >
>     > > *Process
>     > > *
>     > > More than three years ago, before I joined the Board, ICANN began
>     > > a process for new sponsored top level domains. As I have said on
>     > > many occasions, I think the idea of �sponsorship� is an
>     empty one.
>     > > *All* generic TLDs should be considered �sponsored� in
>     that they
>     > > should be able to create policies for themselves that are not
>     > > dictated by ICANN. The only exceptions to this freedom for every
>     > > TLD should be, of course, the (very few) global consensus policies
>     > > that are created through the ICANN forum. This freedom is shared
>     > > by the country code TLDs.
>     > >
>     > > Notwithstanding my personal views on the vacuity of the
>     > > �sponsorship� idea, the fact is that ICANN evaluated the
>     strength
>     > > of the sponsorship of xxx (the relationship between the applicant
>     > > and the �community� behind the TLD) and, in my view, concluded
>     > > that this criteria had been met as of June 2005; ICANN then went
>     > > on to negotiate specific contractual terms with the applicant.
>     > >
>     > > Since then, real and �astroturf� comments (filed comments
>     claiming
>     > > to be grassroots opposition that have actually been generated by
>     > > organized campaigns) have come in to ICANN that reflect opposition
>     > > to this application. I do not find these recent comments
>     > > sufficient to warrant re-visiting the question of the
>     > > �sponsorship� strength of this TLD which I personally
>     believe to
>     > > be closed.
>     > >
>     > > No applicant for any �sponsored� TLD could ever demonstrate
>     > > unanimous, cheering approval for its application. We have no
>     > > metric against which to measure this opposition, and thus we have
>     > > no idea how significant it is. We should not be in the business of
>     > > judging the level of market or community support for a new TLD
>     > > before the fact. We will only get in the way of useful innovation
>     > > if we take the view that every new TLD must prove itself to us
>     > > before it can be added to the root.
>     > >
>     > > It seems to me that what is meant by �sponsorship� (a
>     notion that
>     > > I hope we abandon) is to show that there is enough interest in a
>     > > particular TLD that it will be viable. We also have the idea that
>     > > registrants should participate in (and be bound by) the creation
>     > > of policies for a particular string. Both of these requirements
>     > > have been met by this applicant. There is clearly enough interest
>     > > (including more than 70,000 pre-registrations from 1,000 or more
>     > > unique registrants who are members of the adult industry), and the
>     > > applicant has undertaken to us that it will require adherence to
>     > > its self-regulatory policies by all of its registrants. To the
>     > > extent some of my colleagues on the board believe that ICANN
>     > > should be in the business of deciding whether a particular TLD
>     > > makes a valuable contribution to the namespace, I differ with
>     > > them. I do not think ICANN is capable of making such a
>     > > determination. Indeed, this argument is very much like those made
>     > > by the pre-divestiture AT&T when it claimed that no �foreign
>     > > attachments� to its network (like answering machines) should be
>     > > allowed, in part because AT&T asserted there was no public demand
>     > > for them. The rise of the internet was arguably made possible by
>     > > allowing many �foreign attachments� to the network -
>     called modems.
>     > >
>     > > We established a process for sTLDs some time ago. We have taken
>     > > this applicant through this process. We now appear to be changing
>     > > the process. We should not act in this fashion.
>     > >
>     > > *Politics
>     > > *
>     > > Discomfort with this application may have been sparked anew by (1)
>     > > the letter from individual GAC members Janis Karklins and Sharil
>     > > Tarmizi (to which Amb. Karklins has told us the GAC acceded as a
>     > > whole by its silence), and (2) the letter from the Australian
>     > > government.
>     > >
>     > > I am not at all opposed to receiving advice from the Government
>     > > Advisory Committee. But the entire point of ICANN�s creation was
>     > > to avoid the operation of chokepoint content control over the
>     > > domain name system by individual or collective governments. The
>     > > idea was that the US would serve as a good steward for other
>     > > governmental concerns by staying in the background and overseeing
>     > > ICANN�s activities, but not engaging in content-related control.
>     > > Australia�s letter, and concerns expressed in the past by Brazil
>     > > and other countries about xxx, are explicitly content-based and
>     > > thus inappropriate, in my view.
>     > >
>     > > If, after creation of an xxx TLD, certain governments of the world
>     > > want to ensure that their citizens do not see xxx content, it is
>     > > within their prerogative as sovereigns to instruct internet access
>     > > providers physically located within their territory to block such
>     > > content. Also, if certain governments want to ensure that *all*
>     > > adult content providers with a physical presence in their country
>     > > register exclusively within xxx, that is their prerogative as
>     > > well. (I note that such a requirement in the U.S. would violate
>     > > the First Amendment to our Constitution.) But this content-related
>     > > censorship should not be ICANN�s concern, and ICANN should not
>     > > allow itself to be used as a private lever for government
>     > > chokepoint content control by making up reasons to avoid the
>     > > creation of such a TLD in the first place. To the extent there are
>     > > public policy concerns with this TLD, they can be dealt with
>     > > through local law. Registration in (or visitation of) domains in
>     > > this TLD is purely voluntary.
>     > >
>     > > If ICANN were to base its decisions on the views of the Australian
>     > > (or US, or Brazilian) government, ICANN would have compromised
>     > > away its very reason for existence as a private non-governmental
>     > > governance institution.
>     > >
>     > > *Conclusion
>     > > *
>     > > I continue to be dissatisfied with elements of the proposed xxx
>     > > contract, including but not limited to the �rapid takedown�
>     > > provision of Appendix S,1 which is manifestly designed to placate
>     > > trademark owners and ignores the many due process concerns that
>     > > have been expressed about the existing UDRP. I am confident that
>     > > if I had a staff or enough time I could find many things to carp
>     > > about in this draft contract. But I am certain that if I
>     > > complained about these terms my concerns would be used to justify
>     > > derailing this application for political reasons. I plan,
>     > > therefore, to turn my attention to the new gTLD process that was
>     > > promised for January 2007 (a promise that has not been kept) in
>     > > hopes that we will someday have a standard contract and objective
>     > > process that can help ICANN avoid engaging in unjustifiable ad hoc
>     > > actions. We should be examining generic TLD applicants on the
>     > > basis of their technical and financial strength, and we should
>     > > avoid dealing with �content� concerns to the maximum extent
>     > > possible. We should be opening up new TLDs. I hope we will find a
>     > > way to achieve such a sound process in short order.
>     > > Rebecca Wanjiku,
>     > > journalist,
>     > > p.o box 33515,
>     > > Nairobi.00600
>     > > Kenya.
>     > >
>     > > Tel. 254 720 318 925
>     > >
>     > > blog:http://beckyit.blogspot.com/
>     > >
>     > >
>     > >
>     >
>     ------------------------------------------------------------------------
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>     > > Let Yahoo! FareChase search your favorite travel sites
>     > >
>     > > to find flight and hotel bargains.
>     > >
>     >
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>     > >
>     > >
>     > >
>     > > ===================================================
>     > > Njeri Rionge
>     > > Chief Executive Officer
>     > > Ignite Consulting Limited
>     > > Eden Square 7th Floor
>     > > Chiromo Rd, Westlands
>     > > P. O. Box 15568 00100 GPO Nairobi, Kenya
>     > > T: (254 20) 3673250�9
>     > > E: _njeri.rionge at igniteconsulting.co.ke
>     > > http://www.igniteconsulting.co.ke
>     > > _
>     > > /Professional, Life Skills Coaching, Value Added Training on
>     > > Conformity and Compliance,
>     > > Business Management, Organizational Development and Facilitation.
>     > > /
>     > >
>     > >
>     > >
>     > >
>     > >
>     >
>     ------------------------------------------------------------------------
>     > >
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>     >
>     >
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