Well, I'm inclined to agree then.

Nicolas

On 2014-10-07 4:33 PM, Sam Lanfranco wrote:
> I will give a short response to these Adam's comments. One of the 
> unfortunate features of the administration of the .nyc cityTLD is that 
> a second level string, in this case the MentalHealth.nyc with multiple 
> applicants is facing an auction process where community applicants 
> have fewer rights than commercial applicants using the ICANN private 
> auction process for gTLDs.
>
> In ICANN gTLDs with multiple qualified applicants the commercial 
> interests have transparency as to who the other applicants are, and 
> are are encouraged to collaborate among themselves. If that fails and 
> they resort to ICANN private auctions, the winners compensate the 
> losers. There should be at least a discussion within ICANN as to 
> whether or not a similar process should required of registries when an 
> initial new gTLD "landrush" produces multiple second level applicants. 
> In short, this New York community health group is only asking: "What 
> about the same transparency and the same private auction rules that 
> apply to new gTLDs?".
>
> Sam L.
>
> On 07/10/2014 4:10 PM, Nicolas Adam wrote:
>>
>> On 07/10/2014 8:05 AM, Sam Lanfranco wrote:
>>> The following was written (by me) for the global health community's 
>>> Health Information for All 2015 (HIFA2015) discussion group. 
>>> HIFA2015 had been a venue for vocal criticism of ICANN's handling of 
>>> the .health gTLD. This drops down a notch to the .city TLD 
>>> initiative and discusses a problem tossed up by the creation of 
>>> .nyc. While the problem is with second level domain names, the 
>>> parties to the problem have views on what should constitute a 
>>> responsible role for ICANN here. The problem is complicated,and 
>>> won't go away. It is another area where ICANN can be engaged and 
>>> show leadership, or watch passively as Internet DNS naming policy is 
>>> developed elsewhere. - Sam L.
>>>
>>> *Posting for **[log in to unmask]*
>>>
>>> The global health community has been vocal but, to date, largely 
>>> unsuccessful in its struggle over the .health generic Top Level 
>>> Domain name, now in the hands of a private-for-profit company. There 
>>> is a second problem on the horizon, and it will strike closer to 
>>> home for many organizations in the global health community. It has 
>>> to do with geographic based domain names and second level domain 
>>> names. For example, if .nairobi is a city TLD, health.narobi could 
>>> be a second level domain name, owned by the city or a private 
>>> company. This can create multiple issues for community groups. Here 
>>> is already unfortunate current situation for community mental health 
>>> groups in New York. The application period (so called Landrush) for 
>>> second level .nyc domain names ended last Friday October 3rd. On 
>>> Saturday one community health organization applicant received a 
>>> notice from the registrar handling its application informing it that 
>>> more than one applicant had requested the MentalHealth.nyc domain 
>>> name, and that the domain name would be sold at auction with 60% of 
>>> revenue going to the private company managing .nyc for New York 
>>> City, and 40% to the city.
>>>
>>> The problem here is that unlike the ICANN auctions there is no 
>>> transparency with regard to who the various applicants are. As a 
>>> second level domain issue ICANN has washed it hands of such issues. 
>>> In the direct ICANN auctions the various applicants are known and 
>>> can negotiate to avoid an auction or collaborate on bidding. None of 
>>> that is possible here. The community health group in question is 
>>> advocating for transparency as a basis for a collaborative dialogue 
>>> around MentalHealth.nyc. If another party has a superior plan this 
>>> community group would be prepared to withdraw its application. With 
>>> a blind auction nobody has an idea of who the other bidders are. 
>>> This organization is a half century old not-for-profit serving a 
>>> small section of the city. Perhaps the others applicants do similar 
>>> work. This community group is asking for some assurance of 
>>> transparency for applicants at this second level, wishfully here, 
>>> and certainly in any new gTLD efforts. It suggests that this should 
>>> be part of an ICANN contract language driven Informed Consent 
>>> process. This also raises an issue of what should be the role of 
>>> local governments in setting the rules of the game for handling 
>>> second level geographic TLD issues.
>>
>> I fail to see what bad may happen if a company other than the 
>> community group bids for and obtain the mentalhealth string in the 
>> NYC TLD. The scenarios where this would contribute to a losse of 
>> influence for the community are not realistic. The successful bidder 
>> will need top notch content to make it work, and the community that 
>> does the work is that content. If a comedic business model is 
>> envisioned, I fail to see how that would negatively impact the 
>> community as well.
>>
>>
>>
>>>
>>> The further worry is that there is the possibility that the 
>>> MentalHealth.nyc name could be sought by a comedy club, or maybe to 
>>> market a magic health produce. While recognizing both of these might 
>>> qualify as beneficial to mental health, the applicant argues that 
>>> from a city perspective the more traditional health use of the name 
>>> would be more appropriate. 
>>
>> I agree! And i am willing to wager that the successful bidder will 
>> also be thinking just that ;)
>>
>>
>>> For this reason, they would like to see the ICANN Informed Consent 
>>> provisions provide for greater transparency and multistakeholder 
>>> engagement in selecting public interest name set-asides at the the 
>>> .city and related geoTLD levels. If as a last resort an auction is 
>>> necessary, they feel that the proceeds should be retained within the 
>>> community and not siphoned off by the gTLD gate keepers. This is how 
>>> the ICANN private auctions work where the proceeds of the auction 
>>> are shared by the losing bidders.
>>>
>>> What can global community health community people do here? First, 
>>> they can press both ICANN and their respective national government 
>>> representatives to ICANN's Government Advisory Council (GAC) for 
>>> more appropriate second level provisions in the Informed Consent 
>>> language of ICANN contracts. Second, they can watch efforts at local 
>>> .city TLD and other geographic gTLDs in their home territories and 
>>> engage their governments and the applicants early in the process. 
>>> This will not be easy but it is just another “rules of the game” 
>>> challenge flowing from the pandora's box of the Internet ecosystem.
>>
>> Neither easy nor necessary.
>>
>>
>>>
>>> Sam Lanfranco, Chair
>>> ICANN/NPOC Policy Committee
>>
>
>
> -- 
> ------------------------------------------------
> "It is a disgrace to be rich and honoured
> in an unjust state" -Confucius
> ------------------------------------------------
> Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
> Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
> email:[log in to unmask]    Skype: slanfranco
> blog:http://samlanfranco.blogspot.com
> Phone: +1 613-476-0429 cell: +1 416-816-2852