What’s At The Top Of The Mountain?

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Upper Greenwood Lake, September 28, 2014 – Hoping to convince Mayor de Blasio to stop the clock, take a fresh look, and initiate a thoughtful review of the opportunities the .nyc presents, I’ve sketched a Picassoesque view of what our city might look like with a fully developed, resident oriented, TLD.

  • It’s a city where you can readily find most everything. Most certainly every “thing” in the public realm: streets, streetlights, traffic lighRed treets, street signs, parks, squares, monuments, fire hydrants, transportation stations, taxis, buses, schools, stores, businesses, and public facilities of all types. And less tangible things like laws, folklore, events, and history.
  • It’s a city where details on every “thing” can easily be found on a Wikipedia-like page with an intuitive name. Each page summarizes the considered opinions of the population, all of whom have a guaranteed right to participate in its development.
  • It’s a city where residents are provided with Internet media training and access which enables them to shape these pages. As well, the access enables them to participate in municipal governance.
  • It’s a city where people feel secure in conducting their digital activities, knowing that their city is committed to protecting their digital security, privacy, and transactions.
  • It’s a city where transparency laws insure that residents know how their security and privacy are protected and by whom; and where governance and data transparency are considered an art and a science.
  • It’s a city where digital public spaces facilitate democratic participation and practices and digital tools facilitate organizing and management of local issues and initiatives.
  • It’s a city where government gathered data is available to all, with each resident capable of drawing upon it to form their opinions on public policy and governance.
  • It’s a city where residents know their future depends on the quality of their TLD’s operation, aware that the world judges their city on the thoroughness and character of that oversight.
  • It’s a city that connects people, ideas, and resources through thoughtfully developed and maintained digital markets.
  • It’s a city that facilitates neighborhood development, with local data and knowledge made available to residents, enabling them to address opportunities and concerns.
  • It’s a city where knowledge and conversations – online and face to face – are woven together to facilitate consensus building.
  • It’s a city where students are taught how to use and find our city’s resources from the earliest grades.
  • It’s a city of trust where people from around the globe feel safe conducting business.
  • It’s a city I’d like to live in.

As an initial step toward achieving these visions, .nyc domain names must be issued in a thoughtful and equitable manner.

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Bloomberg BNA reviews our “City-TLD Landrush Models” post

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Jackson Hts., New York, September 24, 2014 – Writing Money Talks in the Big Apple in Bloomberg BNA, Thomas O’Toole reviewed the our City-TLD Landrush Models post. While I agree with much of Thomas’ review, I added these comments:

First, if the city chose a business-friendly approach like they’ve developed for the .london TLD, a lot of the anticipated auctions could be avoided. (If we followed the London model, the owner of Rickys Cafe would upload his city business license to establish his right to the name. If another bidder was unable to match it, good old Ricky gets the RickysCafe.nyc domain name.)

Far more important is what the city’s squatter-friendly name allocation processes do to the prospect for an intuitive city. That is, if residents are unable to type in traditional busi

ness, street, project, event, school, civic, building, and media names, one of the key city-friendly features of our TLD will be lost. And we’ll remain dependent on search engines to find the Internet address of the diner across the street.

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City-TLD Landrush Models

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Jackson Hts., New York, September 20, 2014 – With the October 3rd end of the city’s Landrush period 13 days away, we are sill headed toward a bad ending for this initial roll-out of our city’s TLD, with multiple modifications over many years required to bring our city’s TLD into alignment with its potential. We’re working on a “impending disaster” post detailing the lost opportunities the current “Bloomberg Contract” will inflict on our city’s operational effectiveness, livability, and its competitive position globally.

In the interim we wanted to publish this City-TLD Landrush Model graphic depicting one of the blatant problems with the extant Landrush process.

Click for larger image.

We’re not yet fully satisfied with the graphic as it still requires explanation. One needs to read The .nyc Landrush: Adding Injury to Insult post to understand how the Bloomberg Contract will turn small business into roadkill. One need also understand the difference afforded historic property rights under the .london and .nyc TLDs, as described in the New York Landrush Period Priority Rules. We’re looking for a venue to publish the full story as a long-form article (suggestions appreciated), but thought it wise to publish this “Roadkill” alert now.

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Big Data for a Big City

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big dataJackson Hts., New York, September 9, 2014 – Big Data smells Orwellian. And we might come to hate it some day. But today it’s everywhere. Sensing power and profits corporations and governments corralled the smartest graduates to figure out ways to extract value from the data ocean that’s become available through cheap technology and social media.

With .nyc’s activation another big data layer is becoming available from 2 data logs created by user searches. One is a Data Query Log that records successful searches of the .nyc TLD. Perhaps more interesting is the Error Log, which records unsuccessful inquiries. With an increasingly intuitive web, we can expect more people to take a risk and directly type-in desired domain names, rather than relying on Google search for their every need. Type-ins not reaching an existing website will end up in the Error Log. We’ve provided some thoughts on possible uses of the DNS search data, e.g., imagine creating a “City Pulse” comprised of 311, tweet, and the DNS Data Logs. We’ve elaborated on these prospects on our DNS Data Query Log wiki page.

One traditional problem with releasing this type of data relates to data mining, called front running in the domain name industry. Some see an unfair advantage arising from someone searching the Error Log for insights into domain names worth purchasing. Indeed, some might make a career of watching the error logs and registering names. But with an effective nexus policy, we look forward to the local jobs created by a frontrunner marketplace.

The city has yet to decide on a policy for releasing this data. We’ve advocated for its release within a framework of data privacy standards and clear and effective controls. (Commons image courtesy of Thierry Gregorius.)

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Neighborhood Building

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map with neighborhood namesJackson Hts., New York, August 21, 2014 – One of most promising developments to come out of city hall with regard to the .nyc TLD is the reservation of the neighborhood names. In the mayor’s press release of August 4 he announced that nearly 400 of them had been set aside for development by public interest groups. Already a licensing agreement has been drafted and an application process established.

What’s next? There are plans to use the neighborhoods.nyc domain name as a repository for local data, features, services, and expertise that can assist with residents with the development of their neighborhood names. And a conference on using technology to develop neighborhoods in the early planning stage.

While we’re waiting for those resources to be realized, it might be good to do some fundamental thinking about the nature of a neighborhood. What do neighborhoods do? And what might digital neighborhoods do? What role does digital technology play with neighborhood formation and development? And will digital capacity enlarge or shrink the footprint of a neighborhood? We’ve some wiki pages on these topics here.

(Note: A meeting on Neighborhood Building was held on August 22. The bullet points are available in Comment 1 to this post.)

 

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The .nyc Landrush Auctions: Adding Injury To Insult

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Collaboration Jackson Hts., New York, August 13, 2014 – New York City is in the midst of a 2 part “Landrush” for allocating .nyc domain names:

  • First is a 60 day Application Period, August 4 – October 3, during which any city resident can purchase an available .nyc domain name. Most any name is available, exceptions being a group set aside for technical reasons, 482 names taken by holders of international trademarks, and several thousand names reserved by the city administration. It doesn’t even matter if a name has a NYS Trademark or d/b/a registration, those names are fair game too.
  • Following this Application Period there’s a high-bid auction which decides who gets a domain name in instances where more than one person submits an application.

There are significant problems with this allocation process.

First, it’s fundamentally unfair. It disregards the proprietary rights of current business owners as expressed by prior use, a New York State Trademark, or a d/b/a. The fact that Rickys Cafe has been using that name for decades and has been issued a NYS Trademark for that name holds no significance during the city’s Landrush period. A revolutionary “property rights be gone” seems to be the attitude. Today, anyone with nexus (8,200,000 of us) can apply for RickysCafe.nyc and have as much right to own it as Ricky.

In preparing for issuing its .london domain names, the city of London developed Priority Period Rules that respect historic property rights. I commented on this recently recommending that New York follow London’s model.

But even with these Priority Period Rules there still needs to be a mechanism for deciding between applicants with the identical priority. Let’s imagine there’s an independently owned Rickys Cafe in every borough and that each submits an application by October 3. Who gets it?

Current Plan

The current plan holds that at the end of Landrush an email will be sent to applicants for domain names receiving only one bid, indicating their application has been approved and they may begin using the name.

In instances where more than one application has been submitted, the plan calls for a closed, private auction for each name. Using  RickysCafe.nyc as an example, here’s how that might work.

  • The 5 applicants for RickysCafe.nyc will receive an email informing them that others had applied for the name. And that they will need to win a high-bid auction if they hope to use the domain name.
  • If they decline to participate in the auction some of their application fees may be refunded – but this depends on the registrar they’ve chosen, some refund partial, some all, or so I’m told. It’s not obvious from ownit.nyc which does what.
  • The email will direct the interested Rickys to set up an account with the official auctioneer, and participate in an extended auction.
  • In this extended auction, unlike eBay, there’s no bid deadline. Rather, every time someone enters a bid, the auction is extended by 5 minutes. (This auction protocol maximizes revenue with the contractor receiving 60% and the city government 40%.)
  • The winning Ricky will be authorized to use the domain name after making good on its high bid.
  • The losers weep.

Added to the refusal of the city to respect NYS Trademarks and other indications of prior use, this high bidder auction might be said to add injury to insult.

An Innovative Approach

We think there’s a better way. The idea was sparked when ICANN’s experience with new top level domain names or TLDs. In 2012 it received 1,900 applications for 1,200 different TLDs. The official process for selecting between multiple applicants for the same name – for example there were 8 applicants for .music – was to encourage the applicants to try and resolve the dispute privately. And if no resolution was possible, a high-bid ICANN run auction would decide the winner. The high bidder would get the name with the auction proceeds going to ICANN.

But some smarties came up with a different idea. Instead of holding an auction wherein the proceeds went to ICANN, what about holding a private opt-in auction. And in those instances where all applicants were in agreement, they’d hire their own auctioneer. And instead of the high bid sum going to ICANN, it would be split by the “losing” bidders. So in the case of .music, the winning bidder would pass on that top bid to the auctioneer to be equally shared by the five “losers.” These funds could then be used by the losing bidders for marketing, research, or technology. See ICANNwiki for more on these “Applicant Auctions.”

An Improved .nyc Landrush

How might we adapt the Applicant Auction to the unique needs of the .nyc TLD? Indications from the first month of Landrush registrations are that 6% of the applications will have multiple bidders – 4,300 applications were received with 340 of them duplicates. If the city receives the same number of Landrush applications as London – roughly 50,000 – that might require 4,000 auctions if the Current Plan is followed. [The numbers were updated on September 13 to reflect the latest .london and .nyc experiences.]

But what if we opened up the process. Instead of the planned closed, private auction with bidders ignorant as to whom they were bidding against, we open up the process and put the bidders in touch with one another, as with the ICANN Applicant Auction. And perhaps we could tweak on that process by letting the public comment on the applications: “Which application for RickysCafe.nyc do you think should be approved?” Or we might invite public comments, or even enable investors to join with the bidders.

Click for larger image.

Click for larger image.

There will still need to be auctions. But in those instances where the multiple bidders all opt-in to a collaborative end (by auction or otherwise), more money will stay in the hands of applicants to improve their businesses. And because the top bidder will in essence be subsidizing its competitors, it will be inclined to moderate its bid. To everyone’s long term benefit. (Commons image courtesy on Jisc.)

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Help! I’m going to lose my business name.

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Oklahoma LandrushToday I sent the below to the Mayor, Public Advocate, Comptroller, City Council Members, and Borough Presidents. It details two significant problems with the .nyc Landrush process and changes that can fix them.

August 8, 2014

I need your help.

For the past 7 years I’ve operated a small business here in Jackson Heights, Queens. We do research and develop technologies that facilitate urban governance. The firm, which I helped establish, Connecting.nyc Inc., is a NYS not-for-profit holding 501(C)(3) status at the IRS.

My concern has to do with the policies the city has established setting forth the order of distribution of domain names within the .nyc TLD.

As you might be aware…

  • The city of New York recently acquired the right to develop the .nyc TLD in 2012. (It’s like .com and .org but just for city residents and organizations.)
  • We’re now in day 5 of a 60 day “Landrush” period, August 4 to October 3. See this City Hall press release.
  • During Landrush any New Yorker can go online and purchase an available .nyc domain name: JerrysBakery.ny, RickysCafe.nyc, CoronaCivicAssociation.nyc, etc.
  • Some names were set aside for government use, so names such as Manhattan.nyc and BrooklynBoroughPresident.nyc are probably reserved.
  • But no names have been reserved for local businesses and organizations.

Our interest…

  • We want a good .nyc domain name for our business. The best would be “connecting.nyc” – the name we choose 7 years ago.
  • But because of a technicality, “connecting.nyc” will not be available until the end of the year – at the earliest.
  • In the interim, we’d like to use the .nyc version of the “Connectingnyc.org” domain name we’ve using for 7 years, i.e.,”Connectingnyc.nyc.”

Here’s the problem…

  • Earlier today I went online and sought to register the “connectingnyc.nyc” domain name with with Network Solutions: https://newtlds.networksolutions.com/Home/Browse/nyc?inputSld, one of the 21 official registrars selling .nyc domain names.
  • There I was told it would cost me $79.98 to submit an application ($39.98 for the Application Fee and $39.98 for the one year name registration) for the domain name.
  • I learned that there’s no way to register and begin using that name now. I must wait until after October 3 to see if others might also have applied for the domain name.
  • If by October 3 no one else submits an application for the name, it’s ours. We will then be able to use it immediately.
  • But… if someone else puts in a bid on the name by October 3, we must participate in and win a high-bid auction if we hope to use the name within the .nyc TLD.
  • That auction might not be too difficult for connectingnyc.nyc – it’s a confusing and a lousy domain name (IMHO). But for a domain name such as “connecting.nyc” this auction could cost us thousands, perhaps tens of thousands of dollars. (Which we don’t have.)

Two recommended improvements…

There are two ways this system can be improved to aide us and all city businesses and organizations.

1. London Priority Period Rules – Adopt the process London is using in allocating their .london domain names. London’s Local Priority Period Rules (LPP) gives preference to existing entities. In our case, if the city adopted LPP-like rules, we’d be able to upload a copy of our NYS business certificate and get preference over someone without such prior use documentation. That seems fair. (We’ve put together a draft of a New York Landrush Priority Rules here.)

2. Open Auction – There will still be instances where two entities have equal historic rights to a name – i.e., perhaps there’s another business using “connecting” in their name here in the city. In that instance the current plan is to hold a high-bid auction to choose among multiple bidders for who gets the right to use the name. But rather than the current blind auction – where the bidding entities are not put in contact with one another – we propose public auctions.

Public auctions are a method ICANN used in choosing between multiple bidders for TLDs (e.g., there were 6 bidders for .music). This will enable discussions and possible collaborations between the interested parties, potentially saving thousands of businesses thousands of dollars.

Your assistance in advocating for these changes will be greatly appreciated by Connecting.nyc Inc. and our city’s hundreds of thousands of small mom and pop businesses, civic organizations, artists, and others in danger of loosing their traditional names.

Thank you for your attention to this matter.

Sincerely,

Thomas Lowenhaupt

———————————————–
Thomas Lowenhaupt, Founder & Chair
Connecting.nyc Inc.

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