[governance] Proposed statement on .ORG sale

Fri Dec 13 14:26:08 EST 2019

Looks great to me! Thanks for navigating, Brett

Brett Solomon
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@solomonbrett
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On Fri, Dec 13, 2019 at 10:54 AM Ayden Férdeline <ayden at ferdeline.com>
wrote:

> Thanks for this edit, Ian, and thanks to everyone who had shared their
> input on this statement. I've pasted below what we have at present. I
> apologise if I have missed any edits or failed to address any concerns - if
> so, please can you advise. Thanks again and enjoy your weekend!
>
> Best wishes, Ayden Férdeline
> ====
>
> *To:    Gonzalo Camarillo, Chair of the Board of Trustees, Internet
> Society*
>
> *As members of a network which encompasses many non-commercial
> organizations and individuals, we are concerned by the announcement that
> Ethos Capital intends to acquire the assets of the Public Interest Registry
> (PIR) from the Internet Society (ISOC), including the .ORG, .NGO, and .ONG
> Registry Agreements. We ask that this sale be called off. *
>
> *Principally, we are concerned that the sale of PIR to a private entity
> investment firm would significantly alter the Domain Name System and weaken
> ISOC. PIR played an important role, as the only remaining non-commercial
> top-level domain registry operator, in serving as a counterbalance against
> commercial exploitation. PIR ran .ORG, .NGO, and .ONG for the benefit of
> its users, whereas other top-level domains are run by private companies
> with purely financial objectives. While the interests of companies and
> users do at times overlap, they can also conflict, and when this occurs
> there are significant human rights implications. PIR, as a subsidiary of
> ISOC, could be relied upon to do what was best for domain name registrants,
> and has a proud history of doing just that. However, PIR also gave ISOC
> greater legitimacy and wider influence. It allowed ISOC to take an even
> more active role in shaping Internet infrastructure. In relinquishing its
> control over PIR, ISOC would lose some of its ability to directly impact
> how millions of people around the world positively experience the Internet
> every day, and we think that is a great pity.*
>
> *We understand that Ethos Capital approached ISOC with an offer in
> September 2019 and that an agreement had been reached to sell PIR by
> November 2019. This secret process caught us, and everyone, unaware, not
> just of the transaction but of the urgency to divest of PIR. *
>
> *We join ICANN in its 9 December 2019 letter calling for ISOC to be more
> transparent about the proposed sale of PIR. We ask that ISOC commit to
> publishing on its website all correspondence and documents exchanged with
> ICANN in relation to the proposed change in control of PIR. In addition, we
> ask that ISOC commit to publishing on its website any filings (including
> motions and petitions) in the Pennsylvania Orphans' Court relating to the
> change in status of the PIR.*
>
> *We expect an organization that operates in the public interest, and who
> promotes the values of openness, trust, and transparency, to be coherent
> with those values when making major decisions. *
>
> *This is a major decision that would result in a significant change, for
> ISOC and for the Internet community, and it has been proposed a) without a
> human rights impact assessment being conducted, b) without consultation
> with impacted stakeholders, and c) without appropriate safeguards in place
> to protect the interests of .ORG, .NGO, and .ONG registrants and the people
> who visit their websites every day. *
>
> *ISOC has successfully stewarded .ORG via PIR for 17 years, gaining a
> reputation as a careful manager of a resource that truly is the global home
> for nonprofits and the noncommercial community. Given this background, and
> ISOC’s stated commitments to transparency and openness, we are unable to
> reconcile the path that ISOC has taken with the values we thought ISOC
> espoused. Accordingly, we call upon ISOC to withdraw from its negotiations
> with Ethos Capital, and to withdraw from selling PIR, so to honor its
> charter.*
>
> *About the Internet Governance Caucus*
>
> *The members of the Internet Governance Caucus (IGC) are individuals,
> acting in their personal capacity, who subscribe to IGC's charter. The IGC
> is guided by its vision and mission, included below.*
>
> *Vision*
>
> *The policies that shape the Internet impact not only the development of
> the technologies themselves, but also the realization of internationally
> agreed human rights, social equity and interdependence, cultural concerns,
> and both social and economic development. Our vision is that Internet
> governance should be inclusive, people centered and development oriented.
> Our contributions to the various forums relevant to Internet governance,
> will strive to ensure an information society which better enables equal
> opportunity and freedom for all.*
>
> *Mission*
>
> *The mission of the Internet Governance Caucus (IGC) is to provide a forum
> for discussion, advocacy, action, and for representation of civil society
> contributions in Internet governance processes. The caucus intends to
> provide an open and effective forum for civil society to share opinion,
> policy options and expertise on Internet governance issues, and to provide
> a mechanism for coordination of advocacy to enhance the utilization and
> influence of Civil Society (CS) and the IGC in relevant policy processes.*
>
>
>
>
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Wednesday, December 11, 2019 8:11 PM, Ian Peter <ian.peter at ianpeter.com>
> wrote:
>
> small tweak suggested for last paragraph
>
> *Given this background, and ISOC’s stated commitments to transparency and
> openness, we are unable to reconcile the path that [you have] ISOC has
> taken with the values we thought ISOC espoused. Accordingly, we call upon
> ISOC to withdraw from its negotiations with Ethos Capital, and to withdraw
> from selling PIR, so to honor its charter.*
>
> ------ Original Message ------
> From: "Ayden Férdeline" <ayden at ferdeline.com>
> To: "Sheetal Kumar" <sheetal at gp-digital.org>
> Cc: "parminder" <parminder at itforchange.net>; "Imran Ahmed Shah" <
> ias_pk at yahoo.com>; "governance at lists.riseup.net" <
> governance at lists.riseup.net>
> Sent: 12/12/2019 5:15:38 AM
> Subject: Re: [governance] Proposed statement on .ORG sale
>
> Hi all,
>
> Thanks for all the friendly amendments.
>
> I want to make sure that I have captured all of them.
>
> Please find below attached an updated version of our proposed statement to
> send to the ISOC Board.
>
> I would also suggest that we affix a short paragraph, to the very end,
> explaining who the Internet Governance Caucus is and what we represent. I
> will send some proposed language under separate cover so we can wordsmith
> this separately. This, I hope, will address the comment asking who 'we' is
> in the context of this letter.
>
> Thank you again.
>
> Best wishes,
> Ayden Férdeline
>
> ==========
>
> *To:    Gonzalo Camarillo, Chair of the Board of Trustees, Internet
> Society*
>
> *As members of a network which encompasses many non-commercial
> organizations and individuals, we are concerned by the announcement that
> Ethos Capital intends to acquire the assets of the Public Interest Registry
> (PIR) from the Internet Society (ISOC), including the .ORG, .NGO, and .ONG
> Registry Agreements. We ask that this sale be called off. *
>
> *Principally, we are concerned that the sale of PIR to a private entity
> investment firm would significantly alter the Domain Name System and weaken
> ISOC. PIR played an important role, as the only remaining non-commercial
> top-level domain registry operator, in serving as a counterbalance against
> commercial exploitation. PIR ran .ORG, .NGO, and .ONG for the benefit of
> its users, whereas other top-level domains are run by private companies
> with purely financial objectives. While the interests of companies and
> users do at times overlap, they can also conflict, and when this occurs
> there are significant human rights implications. PIR, as a subsidiary of
> ISOC, could be relied upon to do what was best for domain name registrants,
> and has a proud history of doing just that. However, PIR also gave ISOC
> greater legitimacy and wider influence. It allowed ISOC to take an even
> more active role in shaping Internet infrastructure. In relinquishing its
> control over PIR, ISOC would lose some of its ability to directly impact
> how millions of people around the world positively experience the Internet
> every day, and we think that is a great pity.*
>
> *We understand that Ethos Capital approached ISOC with an offer in
> September 2019 and that an agreement had been reached to sell PIR by
> November 2019. This secret process caught us, and everyone, unaware, not
> just of the transaction but of the urgency to divest of PIR. *
>
> *We join ICANN in its 9 December 2019 letter calling for ISOC to be more
> transparent about the proposed sale of PIR. We ask that ISOC commit to
> publishing on its website all correspondence and documents exchanged with
> ICANN in relation to the proposed change in control of PIR. In addition, we
> ask that ISOC commit to publishing on its website any filings (including
> motions and petitions) in the Pennsylvania Orphans' Court relating to the
> change in status of the PIR.*
>
> *We expect an organization that operates in the public interest, and who
> promotes the values of openness, trust, and transparency, to be coherent
> with those values when making major decisions. *
>
> *This is a major decision that would result in a significant change, for
> ISOC and for the Internet community, and it has been proposed a) without a
> human rights impact assessment being conducted, b) without consultation
> with impacted stakeholders, and c) without appropriate safeguards in place
> to protect the interests of .ORG, .NGO, and .ONG registrants and the people
> who visit their websites every day. *
>
> *ISOC has successfully stewarded .ORG via PIR for 17 years, gaining a
> reputation as a careful manager of a resource that truly is the global home
> for nonprofits and the noncommercial community. Given this background, and
> ISOC’s stated commitments to transparency and openness, we are unable to
> reconcile the path that you have taken with the values we thought ISOC
> espoused. Accordingly, we call upon ISOC to withdraw from its negotiations
> with Ethos Capital, and to withdraw from selling PIR, so to honor its
> charter.*
>
> *About the Internet Governance Caucus*
>
> *[Description to go here]*
>
>
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Wednesday, December 11, 2019 4:04 PM, Sheetal Kumar <
> sheetal at gp-digital.org> wrote:
>
> Dear all,
>
> The public outcry against the sale is clearly picking up momentum, and
> having results. With thanks to Ayden for proposing the following text, this
> is a timely moment for us to add our voices and increase pressure!
>
> Please provide your views on the following text by *COP tomorrow, 12
> December*. I suggest we try and send the letter on Friday, 13 December.
>
> In particular, you may want to consider the following questions
>
> 1) Is there anything you think you should be added to the text? If so, can
> you provide a rationale and some suggested text?
> 2) Is there anything you think should be removed? If so, can you provide a
> rationale?
>
> Thank you!
>
> Best
> Sheetal.
>
> *To:    Gonzalo Camarillo, Chair of the Board of Trustees, Internet
> Society*
>
> *As members of a network which encompasses many non-commercial
> organizations and individuals, we are concerned by the announcement that
> Ethos Capital intends to acquire the assets of the Public Interest Registry
> (PIR) from the Internet Society (ISOC), including the .ORG, .NGO, and .ONG
> Registry Agreements. We ask that this sale be called off. *
>
> *Principally, we are concerned that the sale of PIR to a private entity
> investment firm will significantly alter the Domain Name System and weaken
> ISOC. PIR played an important role, as the only remaining non-commercial
> top-level domain registry operator, in serving as a counterbalance against
> commercial exploitation. PIR ran .ORG, .NGO, and .ONG for the benefit of
> its users, whereas other top-level domains are run by private companies
> with purely financial objectives. While the interests of companies and
> users do at times overlap, they can also conflict, and when this occurs
> there are significant human rights implications. PIR, as a subsidiary of
> ISOC, could be relied upon to do what was best for domain name registrants,
> and has a proud history of doing just that. However, PIR also gave ISOC
> legitimacy and influence. It allowed ISOC to take an active role in shaping
> Internet infrastructure. In relinquishing its control over PIR, ISOC would
> lose its ability to directly impact how millions of people around the world
> positively experience the Internet every day, and we think that is a great
> pity.*
>
> *We understand that Ethos Capital approached ISOC with an offer in
> September 2019 and that an agreement had been reached to sell PIR by
> November 2019. This secret process caught us, and everyone, unaware, not
> just of the transaction but of the urgency to divest of PIR. *
>
> *We join ICANN in its 9 December 2019 letter calling for ISOC to be more
> transparent about the proposed sale of PIR. We ask that ISOC commit to
> publishing on its website all correspondence and documents exchanged with
> ICANN in relation to the proposed change in control of PIR. In addition, we
> ask that ISOC commit to publishing on its website any filings (including
> motions and petitions) in the Pennsylvania Orphans' Court relating to the
> change in status of the PIR.*
>
> *We expect an organization that operates in the public interest, and who
> promotes the values of openness, trust, and transparency, to be open and
> transparent about major decisions. *
>
> *This is a major decision that will result in a significant change, for
> ISOC and for the Internet community, and it has been proposed a) without a
> human rights impact assessment being conducted, b) without consultation
> with impacted stakeholders, and c) without appropriate safeguards in place
> to protect the interests of .ORG, .NGO, and .ONG registrants and the people
> who visit their websites every day. *
>
> *ISOC has successfully stewarded .ORG via PIR for 17 years, gaining a
> reputation as a careful manager of a resource that truly is the global home
> for nonprofits and the noncommercial community. Given this background, and
> ISOC’s stated commitments to transparency and openness, we are unable to
> reconcile the path that you have taken with the values we thought ISOC
> espoused. Accordingly, we call upon ISOC to withdraw from its negotiations
> with Ethos Capital, to withdraw from selling PIR, and to honor its charter.*
>
>
>
>
>
> On Wed, 11 Dec 2019 at 07:01, parminder <parminder at itforchange.net> wrote:
>
>> agree, parminder
>> On 10/12/19 9:10 PM, Imran Ahmed Shah wrote:
>>
>> Thanks Ayden, I support the additional lines, these are important and
>> necessary...
>>
>> Regards
>>
>> Imran
>>
>> On Tuesday, 10 December 2019, 19:59:47 GMT+5, Ayden Férdeline
>> <ayden at ferdeline.com> <ayden at ferdeline.com> wrote:
>>
>>
>> Dear all,
>>
>> In response to comments in this thread and new developments today, I have
>> proposed some further edits to the statement that we could potentially send
>> to the ISOC Board. Please find below. Note that key changes are in red.
>> Thanks!
>>
>> Ayden Férdeline
>> --
>>
>> *To:    Gonzalo Camarillo, Chair of the Board of Trustees, Internet
>> Society*
>>
>> *As members of a network which encompasses many non-commercial
>> organizations and individuals, we are concerned by the announcement that
>> Ethos Capital intends to acquire the assets of the Public Interest Registry
>> (PIR) from the Internet Society (ISOC), including the .ORG, .NGO, and .ONG
>> Registry Agreements. We ask that this sale be called off. *
>>
>> *Principally, we are concerned that the sale of PIR to a private entity
>> investment firm will significantly alter the Domain Name System and weaken
>> ISOC. PIR played an important role, as the only remaining non-commercial
>> top-level domain registry operator, in serving as a counterbalance against
>> commercial exploitation. PIR ran .ORG, .NGO, and .ONG for the benefit of
>> its users, whereas other top-level domains are run by private companies
>> with purely financial objectives. While the interests of companies and
>> users do at times overlap, they can also conflict, and when this occurs
>> there are significant human rights implications. PIR, as a subsidiary of
>> ISOC, could be relied upon to do what was best for domain name registrants,
>> and has a proud history of doing just that. However, PIR also gave ISOC
>> legitimacy and influence. It allowed ISOC to take an active role in shaping
>> Internet infrastructure. In relinquishing its control over PIR, ISOC would
>> lose its ability to directly impact how millions of people around the world
>> positively experience the Internet every day, and we think that is a great
>> pity.*
>>
>> *We understand that Ethos Capital approached ISOC with an offer in
>> September 2019 and that an agreement had been reached to sell PIR by
>> November 2019. This secret process caught us, and everyone, unaware, not
>> just of the transaction but of the urgency to divest of PIR. *
>>
>> *We join ICANN in its 9 December 2019 letter calling for ISOC to be more
>> transparent about the proposed sale of PIR. We ask that ISOC commit to
>> publishing on its website all correspondence and documents exchanged with
>> ICANN in relation to the proposed change in control of PIR. In addition, we
>> ask that ISOC commit to publishing on its website any filings (including
>> motions and petitions) in the Pennsylvania Orphans' Court relating to the
>> change in status of the PIR.*
>>
>> *We expect an organization that operates in the public interest, and who
>> promotes the values of openness, trust, and transparency, to be open and
>> transparent about major decisions. *
>>
>> *This is a major decision that will result in a significant change, for
>> ISOC and for the Internet community, and it has been proposed a) without a
>> human rights impact assessment being conducted, b) without consultation
>> with impacted stakeholders, and c) without appropriate safeguards in place
>> to protect the interests of .ORG, .NGO, and .ONG registrants and the people
>> who visit their websites every day. *
>>
>> *ISOC has successfully stewarded .ORG via PIR for 17 years, gaining a
>> reputation as a careful manager of a resource that truly is the global home
>> for nonprofits and the noncommercial community. Given this background, and
>> ISOC’s stated commitments to transparency and openness, we are unable to
>> reconcile the path that you have taken with the values we thought ISOC
>> espoused. Accordingly, we call upon ISOC to withdraw from its negotiations
>> with Ethos Capital, to withdraw from selling PIR, and to honor its charter.*
>>
>>
>>
>> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
>> On Monday, December 9, 2019 2:29 PM, parminder
>> <parminder at itforchange.net> <parminder at itforchange.net> wrote:
>>
>> Thanks Imran, very useful..
>>
>> So a community asset given to ISOC for free, nay with a $ 5 million
>> subsidy, for safe keeping and management on behalf of the community is
>> suddenly declared by ISOC to just be a sterile financial asset -- with no
>> community implications whatsoever -- that it is selling off to a newly
>> formed for profit entity in order to maintain and augment its funding. And
>> we are supposed to stay quiet or just applaud ISOC's financial
>> astuteness....
>>
>> It cannot get more absurd that this..
>>
>> parminder
>> On 09/12/19 12:19 PM, Imran Ahmed Shah wrote:
>>
>> Hi Parminder,
>> There were 11 bidders. ICANN evaluated 11 proposals when VeriSign was
>> leaving in 2002.
>> At that time, the bidding criteria was different, the bidders were
>> quoting their quality of services, as there was objections on VeriSign
>> Support. Secondly, bidders were offering the cost of their fee for services
>> per domain (registration and/or renewal). ISOC was not the lowest bidder.
>>
>> No, ISOC/PIR did not have to pay anything. In compensation from ICANN,
>> VeriSign given seed money (Endowment) to ISOC/PIR for capacity building
>> and Registry handling and support 2.6 million domain names.
>>
>> Regards
>>
>> Imran Ahmed Shah
>>
>> On Monday, 9 December 2019, 09:44:57 GMT+5, parminder
>> <parminder at itforchange.net> <parminder at itforchange.net> wrote:
>>
>>
>> From those who know I request response to this question:
>>
>> Was ISOC given the .org registry as a result of an auction (apart from
>> other evaluation criteria) or not, meaning did ISOC pay anything, and if so
>> how much?
>>
>> Thanks
>>
>> parminder
>> On 09/12/19 3:27 AM, Ayden Férdeline wrote:
>>
>>
>> Indeed John, this criteria is interesting, particularly number 6, which I
>> have pasted below. I do not believe Ethos Capital has a "level of support
>> for the proposal from .ORG registrants," but the Internet Society did, and
>> that is why .ORG was assigned to them over other bidders.
>>
>> *6. Level of support for the proposal from .org registrants.*
>>
>> *Demonstrated support among registrants in the .org TLD, particularly
>> those actually using .org domain names for noncommercial purposes, will be
>> a factor in evaluation of the proposals. Noncommercial registrants do not
>> have uniform views about policy and management, and no single organization
>> can fully encompass the diversity of global civil society. There will
>> likely be significant difficulties in ascertaining the level of support for
>> particular .org proposals from throughout the .org registrants and
>> noncommercial community. Nevertheless, proposals to operate the .org TLD
>> should provide available evidence of support from across the global
>> Internet community.*
>>
>> Best wishes,
>>
>> Ayden Férdeline
>>
>>
>> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
>> On Sunday, December 8, 2019 10:49 PM, Sylvain Baya
>> <governance at lists.riseup.net> <governance at lists.riseup.net> wrote:
>>
>> Hi all,
>>
>> Le dim. 8 déc. 2019 9:19 PM, John Levine <icggov at johnlevine.com> a
>> écrit :
>>
>> In article <
>> CAJjTEvFXJ+ZLsdLwYF2vMkChKizoZ9RKN7p+O_Bj52yiAn858g at mail.gmail.com> you
>> write:
>>
>> ><hxxps://www.icann.org/news/icann-pr-2001-03-01-en>
>>
>> It might be more useful to refer to the criteria used to evaluate
>> the .org proposals and decide who got the registry:
>>
>>
>> Dear John,
>> ...have you used it yourselves ?
>>
>> https://archive.icann.org/en/tlds/org/criteria.htm
>>
>>
>> ...for sure, these criteria are interesting ; but let me know if there is
>> a specific criterion which contains, explicitely, the key words : **By
>> and For** ?
>>
>> Thanks.
>>
>> Shalom,
>> --sb.
>>
>>
>> R's,
>> John
>>
>>
>>
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>
>
> --
>
>
>
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