[governance] Re: [bestbits] Comments asking ICANN to deny application for .pharmacy registration

[Suresh Ramasubramanian]

You know, it would be interesting to see Parminder actually attend a few
ICANN meetings and give the attendees the benefits of his wide experience
and clearly individual thoughts.

Milton L Mueller [16/05/13 14:19 +0000]:
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>[Milton L Mueller] The IO said that the specific, limited criteria on which he is allowed to object do not allow him to object to a TLD simply because it is a closed generic.
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>He is correct.
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>[parminder] Pl see my email. I said, either IO is wrong (he  applied creteria inappropriately) or ICANN is wrong to have laid inappropriate and insufficient creteria......
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>[Milton L Mueller] No, _you_ are wrong. He applied the criteria correctly, and ICANN is correct to have established narrow criteria.
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>[Milton L Mueller]  What is disturbing about your response is that you apparently want the IO to arbitrarily and unilaterally decide what is in the "public interest"
>[parminder] I can easily relieve you of this particular disturbance.... I am no great believer in 'experts' deciding such major things . Such so called 'independent' objectors or arbitrators have a very limited role, if any, in my democratic scheme of things.....
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>[Milton L Mueller] But you just said, above, that you wanted them to lay down criteria that allowed the IO to strike down TLD applications on “public interest” grounds, when public interest is an undefined term – a criteria that basically begs the question, because all policy debates are fundamentally about what is in the public interest, and many of us differ on that.
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>But maybe, the community criterion could have been applied.....
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>This shows that you don’t really know what is going on here. There is a community objection process that is separate from the IO rules. Perhaps if you became actually involved in ICANN you would learn such things.
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>English speaking people constitute a community whose collective rights are compromised by allowing,
>[Milton L Mueller] Of course, there is no such things as a collective right of English speaking people. The ability of people to make up nonsense “rights” never ceases to amaze me.
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>for instance. the products of Amazon such close exclusive association with the word 'book' which is so widely used in a different meaning by this community.....
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>[Milton L Mueller] And none of those uses would be precluded by the registration of a .book TLD, any more than registration of book.com or book.whatever precluded us from discussing books, the word book, etc., etc. Really, your argumentation here is so weak I guess you must rely on repetition and hope that no one notices.
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>But the IO chose not to apply the criterion......
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>[Milton L Mueller] one more time, there WAS NO criterion that would have allowed an IO objection to those words, so that is why he didn’t apply it.
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>[parminder] A polity's essential job is to define and determine "public interest" in a given context......
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>[Milton L Mueller] exactly. So appealing to the public interest, without further elaboration of rules, criteria, precedents, etc., is quite meaningless. Or, worse than meaningless, it is a blank check to whoever happens to be in a position to power to apply and enforce their own prejudices.
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