City-Hall.JPG Jackson Hts., New York, March 15, 2012 - With city government having decided to submit an application for the .nyc TLD without any prior public consultation - either by the administration or the city council - the below looks at 2 of the 50 questions it will be answering in that application, and raises some questions. (See the New TLD Guidebook for all 50 questions.) 

A city official has stated,

“Once the City is awarded [.nyc], we’ll fully develop all applicable policies concerning name acquisition on the TLD. We plan to gather feedback from stakeholders across the city as part of that process.”

So here we offer a helping hand, examining two of the questions it must answer [ with our questions and thoughts in brackets ]. As you’ll see, the answers to ICANN’s questions will frame our city’s digital existence. We’re keeping our fingers crossed and hoping that effective outreach is ultimately conducted and that answers submitted in April do not bind the city to a digital doghouse.

 #18. Mission/Purpose

18. (a) Describe the mission/purpose of your proposed gTLD [ This is the pivotal question, is it: To improve the quality of life for residents? To create a robust business climate? To facilitate improved delivery of government services? To create a more programmer-friendly city? To facilitate civic communication? To enable the creation of a self governing culture using the latest digital tools? To foster local Net businesses and keep Internet revenue here? To raise money by selling domain names? … ]

(b) How do you expect that your proposed gTLD will benefit registrants [ people who acquire a .nyc domain name ], Internet users [ everyone and anyone using the Internet ], and others [ non-Internet users, tourists, pedestrians, bikers, etc. ]? Answers should address the following points:

i. What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation? [ Answers here depend on the response to #18. (a) - Mission/Purpose. But one answer might be “To create a trusted digital space where the people of the world feel they can safely conduct business.” ]

ii. What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation? [ Will it put us on a par or exceed the offerings of other global cities? Are there privacy or security offerings that will make .nyc a trusted TLD, where businesses will move to from a wild and insecure .com world? ]

iii. What goals does your proposed gTLD have in terms of user experience? [ For example, are help and emergency buttons going to be provided and required - 311 and 911? Will it embrace the Internet of Things, and create a pedestrian-friendly city? Will it have public spaces such as the parks, streets, and sidewalks in the traditional city? ]

iv. Provide a complete description of the applicant’s intended registration policies in support of the goals listed above. [ How is this question answered if public outreach is to be done after submitting the application? ]

v. Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users? If so, please describe any such  measures. [ Are there measures to facilitate anonymous but responsible speech? And what about security? ]

vi. Describe whether and in what ways outreach and communications will help to achieve your projected benefits. [ We’d hope to see an answer pointing to our city’s democratic ideals and an intent to fully explore the potentials of a city-TLD, educate the public as to the options, and use consensus tools to set a policy and path. ]

(c) What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)? [ Will the city’s Consumer Affairs Department work to protect the registrants of .nyc domain names? ] What other steps will you take to minimize negative consequences/costs imposed upon consumers?  [ Will the city encourage the development of free or inexpensive 3rd level domain names for civic organizations, schools, churches, local businesses? ] Answers should address the following points:

i. How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come/ firstserve basis? [ So party #1 wants news.nyc for a collaborative news service to which New Yorkers contribute on a peer-rated basis. And party #2 wants news.nyc as an outlet for Associated Press and New Corporation stories. What is the process for deciding? ]  Or [ Party #1 wants Corona.nyc to build a collaborative publishing and decision making hub serving the 55,000 residents of the Corona neighborhood. And party #2 wants Corona.nyc to help it sell beer. What is the process for deciding? ]

ii. Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).[ Do civic organizations, neighborhoods, schools, and churches pay the same rate as multinational corporations? Will there be free third level civic domain names, e.g., fix-that-light.civic.nyc? What about subsidized domain names that facilitate electoral speech? ]

iii. Note that the Registry Agreement requires that registrars [ registrars are the retailers of domain names, for example, GoDaddy.com ] be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? [ So can GoDaddy.com sell a name for a discounted $9.99 and raise the price to $99.99 in year 2? ] If so, please describe your plans.

#20.

20. (a) Provide the name and full description of the community that the applicant is committing to serve. … The name of the community does not have to be formally adopted for the application to be designated as community-based. [ Does .nyc serve just the five boroughs or is it a force for regionalization? See our Regional Consolidation and Nexus pages on this.]

Descriptions should include: • How the community is delineated from Internet users generally. [ Is the .nyc TLD a rallying point for the New York City community, as a civic entity focused on the creation of a more livable city? ] Such descriptions may include, but are not limited to, the following: membership, registration, or licensing processes, operation in a particular industry, use of a language. • How the community is structured and organized. For a community consisting of an alliance of groups, details about the constituent parts are required. • When the community was established, including the date(s) of formal organization, if any, as well as a description of community activities to date. • The current estimated size of the community, both as to membership and geographic extent.

(b) Explain the applicant’s relationship to the community identified in #20(a) [ This a very revealing question as it shows that ICANN thinks there’s little difference between .paris, .newyork, and .banjo or .car ] .

Explanations should clearly state: • Relations to any community organizations. • Relations to the community and its constituent parts/groups. • Accountability mechanisms of the applicant to the community.

(c) Provide a description of the community-based purpose of the applied-for gTLD.  [ Dear ICANN, we’ve not spoken to the community yet. We’ll get back to you on this. Sincerely, The City of New York. ]

Descriptions should include: • Intended registrants in the TLD. [ Residents, small businesses, anybody with the cash? ] • Intended end-users of the TLD. • Related activities the applicant has carried out or intends to carry out in service of this purpose. [ With the “intends” there the city can provide an extended answer to this question, I suppose. ] • Explanation of how the purpose is of a lasting nature. [ Will the city “recycle” names and make good names available for generations to come? See our page on a sustainable TLD for some insight on this one. ]

(d) Explain the relationship between the applied for gTLD string and the community identified in #20(a). [ If it’s .nyc, will there be a New York State sponsored TLD servicing the likes of NiagraFalls.newyork? Casinos.newyork? ]

Explanations should clearly state: • relationship to the established name, if any, of the community. • relationship to the identification of community members. • any connotations the string may have beyond the community.

(e) Provide a complete description of the applicant’s intended registration policies in support of the community-based purpose of the applied-for gTLD. Policies and enforcement mechanisms are expected to constitute a coherent set. [ Based on the Mission/Purpose ]

Descriptions should include proposed policies, if any, on the following: • Eligibility: who is eligible to register a second-level name in the gTLD, and how will eligibility be determined. [ See our Nexus page for background. ] • Name selection: what types of second-level names may be registered in the gTLD. • Content/Use: what restrictions, if any, the registry operator will impose on how a registrant may use its registered name. [ Can a .nyc domain name serve as the basis of a non-New York business? If a business, must it follow New York’s Consumer laws? ] • Enforcement: what investigation practices and mechanisms exist to enforce the policies above, what resources are allocated for enforcement, and what appeal mechanisms are available to registrants. [ Will the city’s existing agencies be tied into the operation of the .nyc TLD? ]

Learn more about The Campaign for .nyc on our wiki pages.

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