ICANN publishes its Woke Manifesto. Here’s my hot take

ICANN’s antics rarely surprise me after close to a quarter-century of coverage, but today it’s published what I can only describe as its “Woke Manifesto” and while reading through it this afternoon I pretty much peeled my uvula raw and ragged, alternating as I did between howls of outrage and uncontrollable fits of incredulous laughter.

On the latest step of its descent into solipsistic pomposity, Org has released its Diversity and Inclusion Toolkit, an interactive web page and associated documents and survey templates designed to help the ICANN community’s various constituencies become more diverse, equitable and inclusive.

“It is designed to empower our community groups in assessing, measuring, and promoting diversity within and across their membership,” ICANN wrote in its introduction, attributed to outgoing policy VP David Olive.

A laudable goal in theory, but in practice what ICANN has come up with is often hilarious, poorly sourced, badly edited, baffling, hypocritical, self-contradictory, and condescending to both the people it wants to include and the people it perceives are already over-included. In parts, sadly, it’s borderline misandrist and maybe a little bit accidentally racist.

The Manifesto is the result of ICANN’s work to implement the recommendations of the Final Report (pdf) of the Cross Community Working Group on Accountability, the most-recent phase of one of ICANN’s interminable navel-gazing exercises.

Recommendation 1.6 of that report states:

ICANN staff should provide support and tools for the SO/AC/Groups to assist them in assessing their diversity in an appropriate manner. ICANN should also identify staff or community resources that can assist SO/ACs or other components of the community with diversity-related activities and strategies.

Or does it? If we believe the new Manifesto, Rec 1.6 actually states:

ICANN staff should provide support and tools for the SO/AC/groups to assist them in assessing their diversity in an appropriate manner. ICANN should also identify staff or community resources that can assist SO/ACs or other components of the community with diversity-related activities and strategies.D&I requires equity to succeed.

The emphasis in that second pull-quote is mine. The lack of a space after the period before the last sentence is ICANN’s error.

It looks like at some point, possibly quite recently, ICANN has sneaked in the reference to “equity”.

If you’re triggered by the DEI (Diversity, Equity, Inclusion) abbreviation, best look away now. The Manifesto contains all the other zeitgeisty buzz-words you probably also hate.

Microaggressions? Check. Privilege? Check. Identity? Check. Intersectionality? Check. Unconscious bias? Check. Psychological safety? Check.

An easily overlooked footnote seems to explain why “equity” has made its way into the document:

In this toolkit we refer to “diversity” and “inclusion,” but “equity” is also a significant concept to understand. Equity refers to fairness and justice, recognizing that we do not all start from the same place and must therefore make adjustments to imbalances; for example promoting the inclusion of people from marginalized/underrepresented populations. It is distinguished from equality, which means providing the same to all.

I take no position on whether this is a good or bad way to tackle inequality of outcome, if it exists, at ICANN, but let’s be honest, this is just another way of describing what has been known as “positive discrimination” or “affirmative action” in other contexts.

But while affirmative action usually refers to issues of race in North America, such as in the ongoing debate about university admission policies, ICANN’s Manifesto is notable for containing no direct references to skin color whatsoever.

ICANN’s “7 key elements of diversity”, which come from the CCWG-Accountability’s report, are: geographical/regional representation, language, gender, age, physical disability, diverse skills, and stakeholder group or constituency.

Let’s look at what the Manifesto says about some of these identity categories. Yes, I’m going there.

“You were so worried you came from Iran”

Possibly the most egregiously condescending and baffling part of the Manifesto is “Ideas for indivdual action” (pdf) (the misspelling of “individual” is in the original, in the title, on the cover page), which offers suggested language to avoid offending people on the basis of gender, age, disability, or geography.

I’ve no idea to whom this document is addressed (I infer it’s able-bodied, Anglophone men), but it seems ICANN thinks it has a problem with people referring to East Asian community members as “Orientals”. Because apparently it’s the 1950s. In the same breath, it suggests that “whitelist” — a term commonly used in the security industry to refer to lists of explicitly permitted domains — is as offensive as “Chinaman”.

It’s worth noting that the word has been used repeatedly by ICANN itself, including quite recently. Under October 2023 terms, you can’t even apply to be an accredited registrar without agreeing to “whitelist” ICANN’s domains.

In a glorious example of accidental misogyny, the document (six years in the making) later says that people should avoid using forms of address such as “Mrs” or “Ms” because: “This language implies that having a disability is not an ordinary aspect of being human”.

The document is all over the place on issues of gender, on some pages directly contradicting ICANN’s own current practices and on others internally contradicting itself.

At one point, it says “there is no need to mention gender, i.e. saying ‘a female lawyer’ diminishes the professional status of that person”. This from the organization that put out this press release celebrating its two “female leaders”, last year.

At another point, it says we should use “Ombudsperson” instead of “Ombudsman”, while ICANN itself recently made the switch to “Ombuds” instead.

The document is also confused about whether biological reality exists. It tells us that we should accept that “that we are all biased by virtue of our biology” and a couple pages later admonishes against terms such as “biologically male” because “These terms imply that gender is a biological and binary fact that can only be changed through surgery — if at all”.

The most jaw-dropping gender-related moment comes when the document attempts to explain the concept of “privilege” and offers some suggestions as to how those who possess it may overcome it to increase the inclusiveness of their communities.

I swear I’m not making this quote up:

If you have male privilege: Hold back, and allow female community members to speak before you do. If they do speak and are not acknowledged, call this out and give credit for their input.

ICANN wants to make “Ladies first” official doctrine? Perhaps it is the 1950s.

While I don’t doubt there are some women in the ICANN community who would whoop with delight at the chance of automatically getting first dibs at the mic, I know there are many others who will find the suggestion that men should give them special treatment, and subsequently pat them on the head for their contributions, deeply offensive.

“I hear you’re a racist now, Father”

It’s not just gender and age where the Manifesto seems to trip over its own desire to virtue signal without thinking through whether what it’s actually saying is internally consistent.

We’re told to avoid “Asking people of a different appearance where they are from” and a few pages later to “Show an interest in other people’s cultures and backgrounds, ask questions with sincere and respectful curiosity”.

How, ICANN, how?! How can I show an interest in this new friend’s culture if I’m not allowed to ask him where he’s from? Am I only supposed to show an interest in his culture if he shares my “appearance”. Can I only talk to people of the same race? Is that what you want, ICANN?!

We’re talking largely about ICANN meetings here, remember. People from over 100 countries on every continent flock into a drab, windowless conference center three times a year. It’s the most natural thing in the world, unwinding at an after-hours cocktail reception, to ask somebody where they’re from.

If, in the hotel bar after eight hours of patiently not interrupting anybody you think you might not fully intersect with, somebody asks you “Where are you from?”, regardless of whether you share common visual characteristics, chances are it’s because your lanyard has flipped over and they’re asking the name of your employer in order to quickly triage business opportunities.

Speaking as somebody who was an immigrant in the US for the best part of a decade, I know it can be irritating after the hundredth time you’re asked your nationality, but I never found it to be, as ICANN would have us believe, an “aggression”, micro or otherwise.

“I’m Disabled!”

The document defines a microaggression as “the everyday messages we send to other people through our language and behavior that cause them to feel devalued, slighted, discouraged or excluded”. We’re told: “What makes microaggressions offensive isn’t the exact words or actions but, instead, the underlying meaning that reveals bias”.

The first example ICANN gives of a microaggression?

A weak handshake with insincere smile.

I find this hugely offensive on a personal level.

My lived experience is as an effete Englishman with a congenitally pathetic handshake, also suffering from the effects of decades of underfunded NHS dentistry and still recovering from an ischemic stroke that rendered my hand-shaking hand about as strong as a sloth’s yawn.

There’s nothing I find more macroaggressive at an ICANN meeting — apart from perhaps a French woman I barely know attempting to kiss me on the cheek — than an American with a $5,000 suit and teeth the color of a Grand Wizard’s hood trying to tear my arm off at the hip when he or she moves to greet me.

But apparently, under ICANN’s rules, the combination of my disability and nationality makes me the bigot. Thanks ICANN, I’m going to feel really psychologically safe at my next meeting.

“What exactly does IT stand for?”

On a professional level, what really boils my piss is this directive, which appears under a section entitled “Use respectful language”:

Avoid jargon: Minimize your use of jargon, shorthand and acronyms that may not be understood by newcomers or people with different experience and skillsets

I totally agree, of course. It’s long since past the point that even some ICANN community veterans often have no clue what ICANN is talking about without a quick google or reference to a glossary.

So why in the Jiminy Cricket is ICANN introducing this package of Orwellian social guidance with the sentence “I am thrilled to announce the launch of ICANN’s Diversity and Inclusion Toolkit, a pivotal resource to support the implementation of the Work Stream 2 (WS2) recommendations.”

Work Stream 2? Work Stream 2 of what? The blog post doesn’t say, and you have to get several clicks deep into the Manifesto itself before you’ll find a reference to, or link to, the CCWG report.

Who is this aimed at? Insiders. Nobody else could possibly understand this stuff.

Alibaba, Name.com among new RDRS opt-ins

Eleven registrars representing millions of domain names signed up to support ICANN’s Registration Data Request Service last month. One registrar dropped out.

One of Chinese tech giant Alibaba’s registrars was among the additions. Alibaba Cloud Computing (Beijing), which has 2.6 million names under management, is a notable addition given that one of its sister registrars was recently hit with an ICANN Compliance action due to alleged abuse inaction.

Also opting in to the Whois band-aid service were Identity Digital’s Name.com (2.2 million names), three of its sister companies, and Newfold Digital’s Register.com (1.5 million names). Nominalia, P.A Vietnam, and Ubilibet also signed up.

Realtime Register dropped out of the voluntary service, the third registrar to opt out since RDRS launched in Novemeber.

ICANN says its coverage is now 57% of the total gTLD domains out there, up from 55% in February. It has 86 registrars on-board in total, including most of the largest.

RDRS is a two-year pilot that offers people who want access to private Whois records, largely intellectual property interests and law enforcement, a simpler way to connect with the registrars holding that data.

Alibaba hit with ICANN breach notice

One of the companies in the Alibaba Group, China’s biggest registrar and one of the largest technology companies in the world, has been handed a breach notice, containing a long list of complaints including abuse failures and non-payment of fees, by ICANN Compliance.

Alibaba.com Singapore E-Commerce, one of Alibaba’s four accredited registrars, failed to respond to abuse reports and failed to respond to ICANN’s requests for information about its failure to respond to abuse reports, the notice claims.

The breach notice will likely to be the last to be sent out for claims under the current version of the Registrar Accreditation Agreement. In two days, April 5, stricter domain takedown rules approved earlier this year will become effective on all registrars.

The abuse claims seem to cover four domains in .com and .vip that look like typos that could have been used in phishing attacks.

ICANN Compliance says that Alibaba also hasn’t published the names of its officers or its redemption fees, as the RAA also requires. It says the registrar also owes it an unspecified amount of past-due fees.

The chronologies reported in the notice claim Alibaba has been giving Compliance the run-around, failing to respond to calls and emails, since early November.

All four registrars in the Alibaba Group have the same published email and phone details, but it’s not clear whether the same ones are listed in ICANN’s internal directory.

Alibaba.com Singapore is one of four accredited registrars owned by Alibaba, the Chinese e-commerce giant. The parent is not short of a bob or two, reporting revenue equivalent to $126 billion last year. It can afford to pay its ICANN fees.

Of the three Alibaba registrars that have domains the “Singapore” one is the smallest, with about 660,000 domains under management. The other two have 3.2 million and 2.6 million domains to their accreditations.

The company has been told it has until April 17 to come back into compliance or risk getting terminated.

ICANN content policing power grab may be dead

A move by ICANN to grant itself more formal “content policing” powers may be dead, after the community was split on the issue and governments failed to back the move.

The Governmental Advisory Committee yesterday sent comments essentially opposing, for now at least, the idea of ICANN reforming its bylaws to give it more powers over internet content, making it very unlikely that ICANN would be able to get such amendments approved by its community overseers.

The comments came a few days after ICANN extended the deadline for responses to a December 2023 consultation on whether applicants in the next new gTLD round should be able to sign up to so-called Registry Voluntary Commitments that regulate content in their zones.

RVCs would be an appendix to ICANN Registry Agreements which would commit a registry to, for example, ban certain types of registrant or certain types of content from domains in their gTLDs.

They’re basically a rebadged version of the Public Interest Commitments found in RAs from the 2012 round, in which the likes of .sucks agreed to ban cyberbullying and .music agreed to ban piracy.

But they’ve got ICANN’s board and lawyers worried, because the Org’s bylaws specifically ban it from restricting or regulating internet content. They’re worried that the RVCs might not be enforceable and that ICANN may wind up in litigation as a result.

ICANN has therefore proposed a framework (pdf) in which RVCs would be enforced by ICANN only after an agreed-upon third-party auditor or monitor found that a registry was out of compliance.

The board sent out several pages of questions to all of its Supporting Organizations and Advisory Committees in December, asking among other things whether the bylaws needed to be amended to clarify ICANN’s role, but the responses were split along traditional lines.

Registries and registrars were aligned: there’s no need for a bylaws change, because ICANN should not allow RVCs that regulate content into its contracts at all.

“ICANN should maintain its existing bylaws which exclude content from its mission, and allowing any changes to this could be a slippery slope opening ICANN to becoming a broader ‘content police’,” the Registrars Stakeholder Group said in its response, giving this amusing example:

An example of a content restriction is provided in the proposed implementation framework for .backyardchickens (e.g. no rooster-related content). Restricting rooster-related content would require a significant amount of policing, and could even prohibit valuable content that would benefit such a TLD. For example, a backyard hen farmer might want to promote the pedigree lineage of the roosters that helped sire the hens, show pictures of the roosters that were the fathers, etc. All of this could in theory be prohibited,but would also require review and subjective analysis. This would be a very slippery slope for ICANN, and a substantial departure from its mission. Restricting rooster content would then put ICANN in the place of enforcing laws that prohibit backyard roosters, rather than relying upon the competent government authorities charged with overseeing residential animal husbandry.

The Non-Commercial Stakeholders Group was more strident in its tone, even raising the possibility of legal action if ICANN went down the content policing route, saying “the best way for the Board to address content-related PICs and RVCs is to make it clear that it will reject them categorically.” It added:

The prohibition on content regulation in ICANN’s mission is extremely important and very clear. Mission limitations were a critical part of the accountability reforms that were required before ICANN would be released from US government control in 2016… NCSG will mount a legal challenge to any attempt to dilute this part of the mission.

The opposing view was held by the Business Constituency, the Intellectual Property Constituency, and the At-Large Advisory Committee, which is tasked with representing the interests of ordinary internet users.

They all said that ICANN should be able to allow content-related RVCs in registry contracts, but the IPC and BC said that no bylaws amendment is needed because the bylaws already have a carve-out that enables the Org to enforce PICs in its agreements. The ALAC said a bylaws amendment is needed.

“There is a distinction between ICANN regulating, i.e imposing ‘rules and restrictions on’ services and content, versus the registry operator voluntarily proposing and submitting to such rules and restrictions,” the IPC wrote.

“There is also a distinction between ICANN directly enforcing such rules and restrictions on third parties, i.e. registrants, versus ICANN holding a registry operator to compliance with the specifics of a contractual commitment,” it added.

The last community group to submit a response, fashionably late, was the GAC, which filed its response yesterday having reviewed all the other responses submitted so far. The GAC arguably has the loudest voice at ICANN, but its comments were probably the least committed.

The GAC said that ICANN should only go ahead with a bylaws amendment if it has community backing, but that the community currently lacks consensus. It said, “at this stage there are not sufficient elements to justify commencing a fundamental bylaws amendment to explicitly enable the enforcement of content-related restrictions”.

However, the GAC still thinks that RVCs “will continue to serve as tools for addressing GAC concerns pertaining to new gTLD applications during the next round” and that it wants them to be enforceable by ICANN, with consequences for registries found in breach.

The GAC said that it “will continue to explore options to address this important question”.

This all means that ICANN is a long way from getting the community support it would need to push through a bylaws amendment related to content policing. That’s considered one of the “Fundamental Bylaws” and can only be changed with substantial community support.

Such amendments require the backing of the Empowered Community. That’s the entity created in 2016 to oversee ICANN after it severed ties with the US government. It comprises individuals from five groups — the GAC, the GNSO, the ccNSO, the ALAC and the Address Supporting Organization.

For a fundamental bylaws amendment to get over the line, at least three of these groups must approve it and no more than one must object.

With the GNSO, given its divisions, almost certainly unable to gather enough affirmative votes, the GAC seemingly on the fence, and the ASO and ccNSO recusing themselves so far, only the ALAC looks like a clear-cut yes vote on a possible future bylaws amendment.

Perhaps that’s why ICANN chair Tripti Sinha has written to the ASO and ccNSO in the last few days to ask them whether they’d like to think again about ducking out of the consultation, giving them an extra two weeks to submit comments after the original March 31 deadline.

The ccNSO handles policy for country-code domains and the ASO for IP addresses. Both have previously told ICANN that gTLD policy is none of their business, but Sinha has urged them both to chip in anyway, because “the ICANN Bylaws govern us all”.

Some registrars have already quit ICANN’s Whois experiment

ICANN’s two-year experiment in helping connect Whois users with registrars has grown its pool of participating registrars over the last few months, but it has lost a couple of not-insignificant companies along the way.

The Registration Data Request Service launched in November, promising to provide a hub for people to request the private data in Whois records, which is usually redacted. Monthly usage reports, first published in January, showed 72 registrars had joined the scheme at launch.

That number was up to 77, covering about 55% of all registered gTLD domain names, at the end of February, the latest report shows. Seven more registrars have signed up and two have dropped out.

The newbies include WordPress creator Automattic, which has 1.1 million names, PublicDomainRegistry, which has 4.4 million, Register.it, which has 666,000, and Turkiye’s METUnic, which has 235,000.

The two registrars quitting the project, apparently in January, are Combell (formerly Register.eu), which has 1.3 million domains, and Hong Kong’s Kouming.com, which has 57,000.

The latest data shows that RDRS returns a “registrar not supported” error 32.7% of the time.

The running total of requesters was up by 607 to 2937 in February, ICANN’s data shows. They filed 246 requests in the month for an RDRS total of 754 so far. Intellectual property owners were the main users, followed by law enforcement and security researchers.

There were 64 approved requests — where the registrar handed over the Whois data — to make a to-date total of 133. On 50 occasions requests were turned down because the registrar decided it could not turn over the data due to privacy law. These stats break down to 20% approval and 70% denial.

It took an average of 6.92 days to approve a given request — a steep incline from the 3.89 days in January — and 2.92 to deny one.

The full report, containing much more data, can be read as a PDF here.

ICANN opens $217 million Grant Program

Ten million bucks of ICANN’s money is up for grabs, starting today.

The Org has opened the application window for the first stage of its Grant Program, which it hopes to eventually see hand out over the $217 million that it raised auctioning off contested gTLDs during the 2012 new gTLD program application round.

In this first phase, up to $10 million will be distributed, in tranches of between $50,000 and $500,000, to projects that align in some way with ICANN’s technical and internet governance missions.

Only registered non-profits are allowed to apply.

The application window is open until May 24, and ICANN expects its board of directors to make its final decision in December, before grant contracts are signed early next year.

Successful applicants are expected to begin their funded projects, which should last no more than two years, within 60 days of receiving the money, so presumably the cash will start actually making a difference about a year from now.

In a blog post, ICANN CEO Sally Costeron urged readers to spread word of the program on social media, specifically naming Facebook, Instagram, LinkedIn, Twitter, and WeChat, which appears to be a platform used primarily in China.

With ICANN occupying a rarefied, occasionally incestuous corner of the internet, there’s obviously a risk of the perception that the money will be doled out primarily to community insiders, but the rules ban anyone who was involved in crafting the program’s rules from participating.

The rules also ban applicants from using ICANN’s accountability mechanisms, such as the Independent Review Process, to challenge adverse grant decisions, and ICANN wants to change its bylaws to also ban third-party non-applicants from using IRP to appeal decisions they don’t like.

Details on the Grant Program can be found here.

Internet could get one-letter gTLDs (but there’s a catch)

ICANN is set to loosen up its restrictions on single-character gTLDs in the 2026 application round, according to draft Applicant Guidebook language.

But the exemption to the usual rule applies only to gTLDs written in one script — Han, which is used in Chinese, Japanese and Korean.

Applied-for Latin-script strings must be three characters and over (because two-letter strings are reserved for ccTLDs) and internationalized domain names in other, non-Han scripts have a minimum of two characters.

The exemption for Han is being put in place because it’s an ideographic script, where a single character can have a meaning that other, alphabetic scripts would require an entire string to express. Google tells me the Chinese for “water” is 水, for example.

The 2012 gTLD application round did not feature the Han carve-out, and no IDN gTLDs currently in the DNS have fewer than two characters.

The draft rules governing IDNs are expected to be part of the next batch of AGB components that ICANN releases for public comment. The comment period on the first batch ended this week with no particularly controversial issues emerging.

Amazon and Google among .internal TLD ban backers

Google and Amazon have publicly backed ICANN’s plan to reserve the top-level domain .internal for private behind-the-firewall uses.

ICANN picked the string “internal” as the one that it will promise to never delegate to the DNS root, allowing network administrators and software developers to confidently use it with a lower risk of data leakage should the TLD come under a registry’s control in future.

The public comment period over its choice is coming to a close tomorrow, with a generally supportive vibe coming from the 30-odd comments submitted so far.

Notably, tech giants Amazon and Google have both filed comments backing .internal, with both companies saying that they already use the TLD extensively for internal purposes (Google in its Cloud services) and that to allow it to be delegated in future would cause big problems.

Some commenters niggled that .internal is too long, and that something like .local or .lan, both already reserved, might be better. Others wondered why strings such as .corp or .home, which are already effectively banned due to the high risk of name collisions, were not chosen instead.

GoDaddy’s next .xxx contract may not be a done deal

ICANN has published what could be the next version of GoDaddy’s .xxx registry contract, and is framing it as very much open to challenge.

The proposed Registry Agreement would scrap the “sponsored” designation from .xxx, substantially reduce GoDaddy’s ICANN fees, and implement the strictest child-protection measures of any gTLD, as well as make ICANN Compliance’s job a lot easier by standardizing terms on the new gTLD program’s Base RA.

But, as eager as ICANN usually is to shift legacy, pre-2012 gTLDs to the Base RA, this time it’s published the contract for public comment as if it’s something GoDaddy is unilaterally proposing.

It’s “ICM’s proposal”, according to ICANN’s public comment announcement, referring to GoDaddy subsidiary ICM Registry, and “ICM has requested to use the Base Registry Agreement form, as well as to remove the sponsorship designation of the .XXX TLD”.

This is not the language ICANN usually uses when it publishes RA renewals for public comment. Normally, the proposed contracts are presented as the result of bilateral negotiations. In this case, ICANN and ICM have been in renewal discussions for at least three years, but the contract is being presented as something GoDaddy alone has asked for.

The new RA would remove almost all references to sponsorship and to IFFOR, the pretty much toothless “sponsor” organization ICM created to get its .xxx application over the line under the rules of the Sponsored TLD application round that kicked off back in 2003.

Instead, it loads a bunch of Public Interest Commitments, aimed at replicating some of the safeguards IFFOR oversight was supposed to provide, into the Base RA.

GoDaddy would have to ban and proactively seek out and report child sexual abuse material. It would also prohibit practices that suggest the presence of CSAM, such as the inclusion of certain unspecified keywords in .xxx domains or in the corresponding web site’s content or meta-content.

(ICANN notes that these PICs may become unenforceable, depending on the outcome of current discussions about its ability to enforce content-related terms of its contracts).

GoDaddy and IFFOR have both submitted letters arguing that sponsorship is no longer required. The existence of sister gTLDs .adult, .sex, and .porn as unsponsored gTLDs, also in the GoDaddy Registry stable, proves the extra oversight is not needed, they say. Registrants polled do not object to the changes, they say.

GoDaddy’s cost structure would also change under the new deal. Not only would it save $100,000 a year by cutting off IFFOR, but it would also inherit the Base RA’s 50,000-domain threshold for paying ICANN transaction fees.

This likely means it won’t pay the $0.25 transaction fee for a while — .xxx was at about 47,500 domains under management and shrinking at the last count. It hasn’t reported DUM over 50,000 since January 2023.

While the renewal terms may seem pragmatic and not especially unreasonable, they’ve already received at least one public objection.

Consultant Michael Palage, who was on the ICANN board for the first three years of .xxx’s agonizing eight-year path to approval, took to the mic at the ICANN 79 Public Forum earlier this month to urge the board to reject GoDaddy’s request.

Palage said there have been “material violations of the Registry Agreement” that he planned to inform ICANN Compliance about. He added that approving the new deal would set a bad precedent for all the other “community” registries ICANN has contracts with.

The situation has some things in common with the controversy over the proposed acquisition of Public Internet Registry and .org a few years ago, in that the proposal entails ignoring promises made by a registry two decades ago.

Whether .xxx will attract the same level of outrage is debatable — this deal doesn’t involve nearly as many domains and does not talk to the price registrants pay — but it could attract noise from those who believe ICANN should not throw out its principles for the sake of a quieter life.

One place we might look for comment is the Governmental Advisory Committee, which was the biggest reason .xxx took so long to get approved in the first place.

But the timing of the comment period opening is interesting, coming a week after ICANN 79 closed. It will end April 29, about six weeks before the full GAC next meets en masse, at ICANN 80.

It’s not impossible that the new contract could be approved and signed before the governments get a chance to publicly haul ICANN’s board over the coals.

ICANN 79: anonymous trolls and undercover lawyers

Transparency, an ICANN watchword since day one, was a noticeable thematic undercurrent at the community’s 79th public meeting in Puerto Rico last week.

The problem of lawyers representing unnamed clients in policy-making groups was raised in several fora, while another section of the community seems to have separately been infiltrated by the same kind of anonymous trolls that plagued ICANN during its infancy.

Governments were especially keen that the GNSO clean house by tightening up its disclosure rules, following an abortive attempt at reform at the Hamburg meeting last October, and they found allies in the Contracted Parties House, which had killed off the reform after deciding it did not go far enough.

Under the current GNSO rules of engagement, everyone who volunteers to participate in policy-making has to file a Statement of Interest, disclosing information such as their employer, community group affiliations, and so on. Among other things, volunteers are asked:

Do you believe you are participating in the GNSO policy process as a representative of any individual or entity, whether paid or unpaid? Please answer “yes” or “no.” If the answer is “yes,” please provide the name of the represented individual or entity. If professional ethical obligations prevent you from disclosing this information, please so state.

The exemption is believed to be designed primarily for American lawyers in private practice, some of whom say they may sometimes be ethically prevented from disclosing the identity of their clients.

But this creates problems for community volunteers, and for the rest of us.

For policy-makers: sometimes, in a working group, you won’t know who you’re really arguing with. The guy opposite, in the expensive suit who keeps inexplicably rubbing her nostrils, could be a mouthpiece for almost any corporation, industry association, or government.

For the rest of us: we don’t know who is really making the policies that impact how domain names are sold, managed, and regulated. Those may seem trivial issues in the grand scheme of things, but they touch on issues such as free speech, data privacy, and how much money comes out of your pocket when you buy a domain.

An attempt last year by the GNSO to update its SOI rules was shot down by the Contracted Parties House because the proposed changes kept the lawyer disclosure exemption.

The Non-Contracted Parties House gave the changes their unanimous approval.

The GNSO Council Committee for Overseeing and Implementing Continuous Improvement, which came up with the changes, looked at 351 SOIs from two recent large policy working groups and found that “a maximum of 0.03% members were making use of the exemption.”

I think that means just one person.

But the scale of the issue is irrelevant compared to the principle, according to some.

Swiss GAC rep Jorge Cancio noted during a session with the CPH last week, “even if there’s a very small number of cases where people use some exceptions for not explaining whom they are working for, even if it’s just 10 people out of 1,000 participants, this already tarnishes the whole of the system”.

Registries Stakeholder Group chair Sam Demetriou concurred: “We believe in and we are strong supporters of the multistakeholder model, but in order for a model to be multistakeholder, you need to know who those stakeholders are. It is inherent in the entire system and the definition.”

The GAC’s position is that everyone participating in policy-making needs to be up-front about their interests, in accordance with global norms. In a session with the GNSO Council, UK rep and vice-chair Nigel Hickson urged the GNSO to sort out the SOI issue before ICANN meets again, set for Kigali this June, because ministers will be present, wanting answers.

Separately at ICANN 79 last week, there was a parallel debate going on about whether a group affiliated with ICANN should force its members to even file SOIs at all.

The Universal Acceptance Steering Group isn’t technically an ICANN body — a Supporting Organization or Advisory Committee — but it is funded and supported by ICANN and carries out ICANN work. It’s been around since 2015 but so far hasn’t required members to submit SOIs.

As anyone who attended or remotely lurked on the ICANN 79 Public Forum last week will know, the UASG came in for a lot of criticism, mostly from remote participants, some of whom have managed to pull off the near-miraculously impressive achievement of having a non-existent Google footprint.

I’m not of course suggesting that some of the people in the Public Forum chat room were trolls using pseudonyms, but… actually, yes, that is what I am suggesting.

These participants had beef with the UASG for imposing a new strict SOI requirement — rules coming into force right now give participants a few months to file their SOIs or get kicked off the UASG mailing list — and suggested UASG leadership had broken with ICANN rules by unilaterally imposing the requirement.

Said mailing list is notable for being lightly used, but with occasional traffic spikes, usually during discussions of anything related to elections or UASG leadership, from participants using free webmail addresses and often what appear to be joke names (Yisrael Memshelet, really?).

Sometimes, these participants have helped steer the mailing list discussion, and at least one question from an aforementioned Google-resistant remote participant was read out at last week’s Public Forum and responded to (kinda) by a board member. ICANN received so many remote UASG questions during the Public Forum that it said it would provide a consolidated written response after the meeting.

It seems ICANN is suffering from twin related transparency problems right now — lawyers who don’t want to reveal their clients, and trolls who don’t want to reveal their identities — neither of which is ideal for its legitimacy.