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Is ICANN failing our community?

This blog has taken a hiatus the last few months.  With recent setbacks in the dotgay community application, concentration switched to how to save the community application for .gay.  A lot has happen in many areas since the last blog entry. In this entry I want to focus on the issue of ICANN’s Community Priority Evaluation (CPE) treatment of the gay community’s application for .gay.

The community application submitted by dotgay LLC was given a failing evaluation.  One I believe was in error. With strong community support, dotgay LLC has filed for a reconsideration of this evaluation.  This reconsideration request  has been supported by a significant segment of the gay community including: ILGA, NGLCC, Gay Games, and IGLTA.   Because of ICANN bylaws, reconsideration can only be based on the process issues.  dotgay LLC has built a very good case against a process replete with errors and omissions that justify overturning the evaluation. As an optimist, I sit here looking forward to an ICANN which in 2015 will use its abilities to right a wrong by declaring a passing evaluation. Anything less will compound the injury that is being done to the gay community.

One of ICANN’s greatest deficiencies is the absence of an appeals mechanism that can adjudicate on the merits of a case.  The Board has long been asked to create such an mechanism and it has been recommended by the Accountability and Transparency Review Team.  The ICANN Board has not yet delivered on this agreed upon goal.

The dotgay LLC case against the ICANN Community Priority Evaluation has merit.

The ICANN CPE judgement argues that the LGBQTIA community overreached when it picked the name .gay. The decision argues that the dictionary says only homosexual men are gay.  The ICANN CPE panel decided that L-BTQIA individuals do not belong to the gay community, even though the LGBTQIA community has identified itself, and been identified by others, as the gay community in so many ways.  The ICANN CPE evaluation ignores the reality of our community. Beyond the ubiquity of the references to the gay community in the world’s press, we speak of anti-gay legislation, gay rights, gay persecution and gay marriage. The ICANN CPE decision ignores the fact that ‘gay’ is the word recognized in many languages beyond English, where it stands for far more than just homosexual men. It is a name of our community – the minority who are outside of society’s prevalent hetero-norms. It is a name we know ourselves by and a name we are known by. It is the name a confused child looking for help, searches on throughout the world. It is a name that should be used to create a safe and secure environment for our community instead of being exploited for all the profit it could bring.

dotgay LLC has a strong case to make on the merits.

In arguing the merits of the gay community’s case, the community could further remind an appeals panel that the community provisions of the recommended TLD policy were for the support of communities not as a way of defending against communities.  The procedures in the Application Guide Book (AGB) that guide every step of the application procedures, did not follow the policy recommendation for support of communities.  Rather, the AGB provided methods for those who want to exploit and profit from communities to attack those very communities.  The rules were perversely written to give advantages to standard applications that focused on profit and nothing but profit. As members of a endangered community trying to create a safe space for the LGBTQIA community on line, we should expect support from global public interest institutions such as ICANN, not roadblocks.

I expect the Board to overturn the ICANN CPE decision based on the current process based reconsideration request. But if the ICANN Board does not do so, I encourage the community to continue arguing along side dotgay LLC on the merits of our community case in any venue where the case can be heard.


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