[governance] Proposed statement on .ORG sale
Brett Solomon
brett at accessnow.org
Fri Dec 6 13:33:53 EST 2019
Thanks Sheetal for trying to coral us into agreement. I appreciate the work
done on the draft letter and I am also keen to get it out. I think our best
bet is to keep things short, simple - and to the point. The conference call
yesterday only strengthened our resolve against the proposed deal, as the
key actors offered little beyond platitudes and soothing promises to look
into our questions at some further date. It also reinforced the inside
nature of the agreement between a group of (largely) men who are working on
this billion dollar plus sale.
The urgency and opposition that is felt among many in the community will
not be met with ideas like well-intentioned Bcorps and the like. We need to
be thinking about the future of .ORG in 2025 and what this proposed sale
will enable once PIR is onsold to the next highest bidder.
To your four points:
-
There is a need for greater transparency about the terms of the sale
AGREED - all ISOC deliberations and materials concerning the sale,
including other bids, should be made immediately public. Nothing should
proceed without this information.
-
There are potential implications for human rights if the sale goes
through (need to list/clearly enumerate these)
AGREED - I think we should definitely reference the human rights
implications of a public interest registry transferring to a for-profit
venture capital firm. The knock-on effects of having to pay up or abandon
our digital domiciles, in addition to the potential privacy and data
protection, freedom of expression, and freedom of association impacts,
merit further consideration and inquiry. It would be remiss not to mention
this.
-
As a result, many members of IGC align themselves with the statements
from EFF and Access Now and the call for an outright halt to the sale.
AGREED - from all evidence on this list, on Twitter, from the over ten of
thousand + signatories to the EFF/NTEN letter, our in-person events, etc.
we believe this is an accurate representation. I am not sure that anyone on
this list (or elsewhere) thinks this sale should go ahead in its current
form, or in the absence of further information.
-
At a minimum, all IGC members agree there is a need for greater
transparency regarding the terms and potential implications of this sale,
and that there are appropriate safeguards in place to protect the interests
of .ORG, .NGO, and .ONG registrants and the people who visit their websites
every day
DISAGREE - At this stage we should not be asking for a tinkerings to a
faulty and problematic deal, by offering protections to the nature of the
agreement. Being permissive and giving a green light to a sale of the
non-commercial part of the internet that is essentially a non-transparent
insider negotiation offends our values and principles, and I think that
civil society should hold a strong line. With potential legal fights and
political oversight yet to come, let’s call for a halt to the sale and for
immediate transparency of process, and leave it there for now.
Thanks so much again - and happy to help with a new draft version.
Brett
Brett Solomon
Executive Director
Access Now | accessnow.org
@solomonbrett
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On Fri, Dec 6, 2019 at 7:17 AM Imran Ahmed Shah <governance at lists.riseup.net>
wrote:
> Dear Sheetal,
>
> I agree with the Ian Peter. We needs the point to weigh-in our statement.
>
> I have some queries, suggestions and recommendations on the initial draft
> of Ayden and copying hereunder.
>
> Few comments:
> I think we should not evaluate Public Interest in terms of Money.... in
> any case...
> We should not to be more concerned with the financial figures.
> Perhaps, we may be concerned if it is being discussed in reference of the
> ICANN's decision and reasoning behind handing over the dotOrg to ISOC 'to
> support recurring expenses etc.'.. and now, if the ISOC has gotten enough
> benefits out of it,......dotORG should have to be returned to ICANN, so
> that ICANN can handover to some other similar not-for-profit trustworthy,
> credible organizations working for Public Interests, having the capacity to
> over see the Internet in Public domain and public interest.... to benefit
> next one after ISOC....
>
> Secondly, our goal is the protection of dotOrg from going it into the hand
> of commercial and nonpublic interest companies even if they could be able
> to recruiting, the hundreds of the CS members or can employee (or buy in
> some in-kind trade) ..to address public interests to claim.some kind of notional
> support board...
>
> I also suggest to create etherpad document... just created with the points
> shared by you... https://pad.riseup.net/p/IGConPIRv0NiRaxk3qi-keep
>
> = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
> *To: Gonzalo Camarillo, Chair of the Board of Trustees, Internet Society*
>
> *As members of a network which encompasses many non-commercial
> organizations and public interest technologists, we are concerned by the
> announcement that Ethos Capital is acquiring the assets of the Public
> Interest Registry (PIR) from the Internet Society (ISOC), including the
> .ORG, .NGO, and .ONG Registry Agreements. *
>
> *Principally, we are concerned that the sale of PIR to a private entity
> 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 **[IAS: suggest to add here… “keeping the Public Interest
> Intact”]**. In relinquishing its control over PIR, ISOC loses 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.*
>
> *This is a significant change, for ISOC and for the Internet community,
> and we are not yet satisfied that there are appropriate safeguards in place
> to protect the interests of .ORG, .NGO, and .ONG registrants and the people
> who visit their websites every day. You have the ability to put requests to
> Ethos Capital and to call this deal off if appropriate and binding
> safeguards cannot be put in place**.* *[IAS: it very polite, humble
> request or perhaps diplomatic sentence/phrase. Which will result a simple
> answer “thanks for your deep concerns but we do not feel it appropriate at
> this stage the take the deal off”, the same I have listen from ICANN Chair
> in 2009]** We encourage you to do just that.** [IAS: What to do, to stop
> the deal or what is appropriate? Need to change this sentence and to be
> specific result that we are recommending or demanding] **As a sign of
> good faith, we ask that ISOC have Ethos Capital commit to incorporating PIR
> as a benefit corporation. **[IAS: again we are allowing them to proceed
> with the deal and seeking the alteration of the terms, rules/bylaws and
> commitment of a commercial entity to keep this public interest entity
> protected as a benefit organization…? Secondly, believing and understanding
> that the Investor “Ethos Capital” has invested the PIR to convert in
> B-Corp/ commercial entity how we assume that he will be accepting when he
> has investing billions..] **We understand that Ethos Capital has said
> they are evaluating becoming a B Lab B Corp, but this is not the same thing
> as a benefit corporation and is instead a non-binding certification. **[IAS:
> I suggest that we should use it as a proof that Ethos Capital has intention
> to transform the public interest entity into a B-Corp/ commercial entity.
> In the same context, we should ask ‘the Board’ that is this ‘intention’ was
> in their knowledge or in the knowledge of decision maker bodies that this
> faith base public interest entity will be commercialized by the new
> investor? If, yes, how they accepted it?]*
>
> *Large parts of the world* *[IAS: I suggest that here we have to use
> other terms which has higher weightage (weigh-in); e.g. one of the ISOC/PIR
> representative has responded like this “the objections are not reported
> from the majority of users, which means the majority of the users has no
> concern who is running the registry”]** are uncomfortable with the
> Internet being governed entirely by commercial interests, and many of our
> members **[IAS: I suggest that we have to elaborate “the members”, e.g
> IGC Members, IGC coalition Partners or perhaps including CSCG] **are
> deeply uncomfortable with PIR being sold at all. However, incorporation as
> a benefit corporation could provide a sturdier path forward if ISOC does
> proceed to sell the assets of PIR, and could be **[IAS: I suggest
> rephrase “Could have been assured”] **an effective means of mitigating
> against some of the risks that we can foresee emerging from this sale. A
> benefit corporation in the right jurisdiction would require the publication
> of comprehensive, credible, independent, and transparent annual reports on
> social impact and, most importantly, require the organization to consider
> benefits to the public in addition to profit when decisions are being made.
> And, it would oblige Ethos Capital to honor the promises and commitments it
> is making today.*
>
> *We trust that you understand why this is important to us. Ethos Capital
> is an unknown entity, and in the absence of clear information about their
> motives behind acquiring PIR and their sales pitch to investors, the
> non-profit and non-governmental communities require assurances that the
> future of the .ORG, .NGO, and .ONG domain names that we use for our email,
> websites, campaigns, and fundraising efforts are in safe hands. **[IAS: I
> suggest add these lines here “Our Data & Privacy is not being compromised,
> shared, observed, monitored are not shared or sold to the competitors
> (right now during transition or) in future by the Registry, or partner
> commercial/ noncommercial entities”] **These are more than just domains,
> they are symbols of our desire to do good.*
> = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
> = = = = = = = = = = = = = = = = = = = = = = = = =
>
> *[IAS: I also have few more concerns:*
>
> *1. **Needs transparency and disclosure of the followings (to
> re-establish of the trust being shacked):*
>
> *i. **the reasoning behind the selling PIR ‘out of
> the way’ (as apparently seems to me)?, *
>
> *ii. **the reasoning behind the avoidance of engaging a
> proper bidding?,*
>
> *iii. **the reasoning to giving sole power of decision
> of sales without the evaluation through open competition and opening
> comments to sell or not?,*
>
> *iv. **the information of intention disclosure regarding
> the commercialization aspect or transformation of PIR to B-Corp, when it
> came in to the knowledge of the selling bodies (prior/during/post sales
> agreement).*
>
> *v. **Technical Terms and basis of the Technical
> Evaluations of the Investor Ability, Capability, Credibility,
> Dependability.*
>
> *vi. **Safeguards evaluated in terms of Public Interest,
> Faith, Data Protection, Privacy, Security evaluated before making the
> decision of sales of PIR (.ORG/.NGO/.ONG)*
>
>
>
> *2. **I would suggest that the statement should be in the following
> format:*
>
> Preamble/Preface paragraph:
>
> Objection/Obligation/Concerns
>
> What we demand:
>
> Our First Requirement is:
>
> Requirement of Information (e.g Transparency, Disclosure of deal/
> agreement/ technical/ functional/ organizational structural
> design/basis/planning)
>
> Our Second Requirement is:
>
> A. The above facts and figures demand you to stop/end-up the due
> diligence process and stop the deal.
>
> If the efforts for A are convincingly & persuasively exercised and but
> could not achieving required goal-A, we recommends to achieve minimal
> goal-B after the adoption of above….
>
> B. What we need if the Sales Deal is accomplished, i.e. ensure the
> commitment
>
> a. Immediate commitment (prior to sale),
>
> b. long term commitment (after sales),
>
> *(by the way I am not convinced that a commercial organization remains
> commitment for public interest for long term benefits. Maximum commitments
> one can expect is just for 2-3 years not beyond. Secondly, if the Ethos
> Capital sales this entity to any other commercial entity after changing its
> status to B-Corp, where the agreements with ISOC stands?)*
> = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
> = =
>
> Best Regards
>
> Imran Ahmed Shah
>
> [TLDians/UISoc/UiCouncil]
>
> On Friday, 6 December 2019, 01:13:59 GMT+5, Ian Peter <
> ian.peter at ianpeter.com> wrote:
>
>
> I agree approach and basic points Sheetal - but I would drop the human
> rights clause because it is contentious and does not add great value to the
> strong basic argument.
>
> Ian
>
> ------ Original Message ------
> From: "Sheetal Kumar" <sheetal at gp-digital.org>
> To: "parminder" <parminder at itforchange.net>
> Cc: "governance" <governance at lists.riseup.net>
> Sent: 6/12/2019 6:48:38 AM
> Subject: Re: [governance] Proposed statement on .ORG sale
>
> Dear Ayden, Parminder, all,
>
> First, thank you very much Ayden for putting this together! I appreciate
> the attempt to reconcile opposing views, which are clearly present in the
> IGC.
>
> I would just say that we have heard from very few others on this list.
> This may be for any number of reasons, and we could do a poll if its
> helpful to gather views, including whether people feel they need more
> information to be able to weigh in.
>
> To move forward, if we can agree on the following key points that we need
> to get across, we can work together on editing/finalising text.
>
> Short of a poll, if everyone could weigh-in on whether they agree on these
> points that would be helpful.
>
>
> - There is a need for greater transparency about the terms of the sale
> - There are potential implications for human rights if the sale goes
> through (need to list/clearly enumerate these)
> - As a result, many members of IGC align themselves with the
> statements from EFF and Access Now and the call for an outright halt to the
> sale.
> - At a minimum, all IGC members agree there is a need for greater
> transparency regarding the terms and potential implications of this sale,
> and that there are appropriate safeguards in place to protect the interests
> of .ORG, .NGO, and .ONG registrants and the people who visit their websites
> every day
>
>
> It's difficult to get consensus at best of times, but this is a tricky
> issue and if we want to put forward something together we might need to go
> with what we can all agree on at a top-level.
>
> I look forward to hearing from a wide-range of people, and if anyone has
> alternative ideas please let us know.
>
> Best
> Sheetal
>
> On Wed, 4 Dec 2019 at 08:12, parminder <parminder at itforchange.net> wrote:
>
> thanks for this effort Ayden
>
> But when there is such a strong 'stop the sale' movement out there, it
> will be embarrassing for the IG related civil society groups to say, well,
> at least let Ethos now behave when ISOC did not .... Why ask Ethos to set
> PIR as a benefit corporation (which they will certainly not) when the
> existing arrangement (since the sale is not through) is itself more
> satisfactory? Why not ask for status quo and stopping the sale?
>
> parminder
> On 04/12/19 6:01 PM, Ayden Férdeline wrote:
>
> Dear all,
>
> I have a new proposed statement that I hope we may consider issuing.
> Please see below. I have used Sheetal's language as a starting point (thank
> you!) but I am afraid I did change the messaging quite a bit. This is just
> a suggestion and please do feel free to edit it to pieces.
>
> Like Brett, I too would prefer we advocate for stopping the sale
> altogether, but in the spirit of compromise and given a number of posts on
> this list that seem supportive of the sale, I've tried a different approach
> here.
>
> Thanks and 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 public interest technologists, we are concerned by the
> announcement that Ethos Capital is acquiring the assets of the Public
> Interest Registry (PIR) from the Internet Society (ISOC), including the
> .ORG, .NGO, and .ONG Registry Agreements. *
>
> *Principally, we are concerned that the sale of PIR to a private entity
> 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 loses 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.*
>
> *This is a significant change, for ISOC and for the Internet community,
> and we are not yet satisfied that there are appropriate safeguards in place
> to protect the interests of .ORG, .NGO, and .ONG registrants and the people
> who visit their websites every day. You have the ability to put requests to
> Ethos Capital and to call this deal off if appropriate and binding
> safeguards cannot be put in place. We encourage you to do just that. As a
> sign of good faith, we ask that ISOC have Ethos Capital commit to
> incorporating PIR as a benefit corporation. We understand that Ethos
> Capital has said they are evaluating becoming a B Lab B Corp, but this is
> not the same thing as a benefit corporation and is instead a non-binding
> certification. *
>
> *Large parts of the world are uncomfortable with the Internet being
> governed entirely by commercial interests, and many of our members are
> deeply uncomfortable with PIR being sold at all. However, incorporation as
> a benefit corporation could provide a sturdier path forward if ISOC does
> proceed to sell the assets of PIR, and could be an effective means of
> mitigating against some of the risks that we can foresee emerging from this
> sale. A benefit corporation in the right jurisdiction would require the
> publication of comprehensive, credible, independent, and transparent annual
> reports on social impact and, most importantly, require the organization to
> consider benefits to the public in addition to profit when decisions are
> being made. And, it would oblige Ethos Capital to honor the promises and
> commitments it is making today.*
>
>
>
> *We trust that you understand why this is important to us. Ethos Capital
> is an unknown entity, and in the absence of clear information about their
> motives behind acquiring PIR and their sales pitch to investors, the
> non-profit and non-governmental communities require assurances that the
> future of the .ORG, .NGO, and .ONG domain names that we use for our email,
> websites, campaigns, and fundraising efforts are in safe hands. These are
> more than just domains, they are symbols of our desire to do good.*
>
>
>
>
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Sunday, 1 December 2019 17:44, Sheetal Kumar <sheetal at gp-digital.org>
> <sheetal at gp-digital.org> wrote:
>
> Dear Ayden, all,
>
> Thanks for your responses! It seems to me that if we're going to agree on
> anything, it's the lack of transparency that we can agree needs to be
> rectified. I've slightly reworded the below in light of the recent
> suggestions and remarks.
>
> What do others think about Sylvain's suggestions of asking about setting
> up a commons PIR (is this possible/feasible?) and of sending this also to
> ISOC's BoT and CEO? Do you have any others?
>
> *As members of a network which encompasses many non-commercial
> organisations, we are concerned about the lack of transparency regarding
> the sale of .ORG. When the board discusses the sale of .org, we request
> that these questions are considered in the due diligence process: *
>
>
>
>
> *- What does the Board intend to do in order to protect the existing
> millions of .ORG registrants? - After the changes to the .ORG contract to
> preserve existing rights of .ORG registrants, how else does the Board
> intend to ensure the sale of PIR (this new steward of .org) will act on
> behalf of the public interest and the world community of noncommercial,
> civil society groups in the world? - What are ICANN's obligation to protect
> those organizations engaged in missions of "public interest around the
> world?" - How does the Board respond to allegations/concerns regarding
> possible conflict of interest in transference of stewardship to Ethos
> capital?*
>
> *We request answers to these questions in the spirit of building trust
> among NGOs and the non-commercial constituency more generally and those who
> play a key role in stewarding the Internet.*
>
>
>
>
> On Sat, 30 Nov 2019 at 17:58, Ayden Férdeline <ayden at ferdeline.com> wrote:
>
> While I agree these are questions for the ISOC Board of Trustees, I
> believe they are *also* questions for the ICANN Board. I expect that the
> ICANN Board will not respond to them, but I think they could - and should -
> and I encourage us to place pressure on both parties to take these
> questions and the sentiments behind them seriously.
>
> ICANN, in particular, does need to address at least the perception that
> there is a revolving door of insiders who are behind this and other deals.
> And ISOC needs to be more transparent about what due diligence it did
> before entering into the arrangement to sell PIR, and what mechanisms it
> has put in place (if any) to protect .ORG, .NGO, and .ONG registrants.
> Thanks.
>
> Best wishes, Ayden Férdeline
>
>
>
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Saturday, 30 November 2019 13:34, James Gannon <james at cyberinvasion.net>
> wrote:
>
> These are questions for the ISOC Board not the ICANN board.
>
>
> Sent from my iPhone
>
> On 30 Nov 2019, at 13:09, Sheetal Kumar <sheetal at gp-digital.org> wrote:
>
>
> Dear all,
>
> What do people think about sending a letter to the ICANN Board with a
> series of questions in order to get more transparency? Bruna and I
> discussed this, and chatted to others, and are wondering what you think of
> this approach. As the Board will meet and discuss the sale as part of a due
> diligence process, we thought it might be a constructive approach to
> request they consider and answer certain questions.
>
> It would be great to hear your views on this approach and on the
> questions. See below:
>
> *When the board discusses the sale of .org, we request that these
> questions are considered in the due diligence process: *
>
>
>
>
> *- What does the Board intend to do in order to protect the existing
> millions of .ORG registrants? - After the changes to the .ORG contract to
> preserve existing rights of .ORG registrants, how else does the Board
> intend to ensure the sale of PIR (this new steward of .org) will act on
> behalf of the public interest and the world community of noncommercial,
> civil society groups in the world? - What's ICANN's obligation to protect
> those organizations engaged in missions of "public interest around the
> world?" - How does the Board respond to allegations/concerns regarding
> possible conflict of interest in transference of stewardship to Ethos
> capital*
>
> Best
> Sheetal
>
> On Fri, 29 Nov 2019 at 02:36, Sylvain Baya <governance at lists.riseup.net>
> wrote:
>
> Hi all,
>
> Le jeudi 28 novembre 2019, Bill Woodcock <woody at pch.net> a écrit :
>
> > they can (even without sourcing their affirmation) then note that the
> > minority of *non-commercial* [1] Internet Community is about to be
> *eliminated* by their
> > 'well intended' *big deal*.
> >
> > Why ?
> > ...i guess that 1% of 10M (domain names) +=> the non-commercial [1]
> world is under
> > the pressure of commercial world in the Internet, even in .ORG
> registrations they are
> > still oppressed by 99% of 10M
>
> None of the above parses. Please try again, with simpler construction.
> You can break it out into as many sentences as you like, but please try to
> make each one encapsulate exactly one thought. Else nobody is going to be
> able to engage in a constructive conversation with you.
>
>
> ...what's the point please, dear Bill ?
> Do you really want to convince me without argumenting ?
>
> Shalom,
> --sb.
>
>
>
> -Bill
>
>
>
> --
>
>
> --
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>
>
>
> *Sheetal Kumar*
> Senior Programme Lead | GLOBAL PARTNERS DIGITAL
> Second Home, 68-80 Hanbury Street, London, E1 5JL
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>
>
>
> *Sheetal Kumar*
> Senior Programme Lead | GLOBAL PARTNERS DIGITAL
> Second Home, 68-80 Hanbury Street, London, E1 5JL
> T: +44 (0)20 3 818 3258| M: +44 (0)7739569514 |
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>
> *Sheetal Kumar*
> Senior Programme Lead | GLOBAL PARTNERS DIGITAL
> Second Home, 68-80 Hanbury Street, London, E1 5JL
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