Regulation

Jackson Hts., New York, October 5, 2016 -  There were highs and lows in city hall’s rollout of the .nyc TLD last month. Early on we were cheered when we received notification that our application for the JacksonHeights.nyc domain name had been approved. And with the de Blasio Administration committed to putting the city’s 350+ neighborhood domain names under the control of local residents, we began to imagine that our decade-old vision of an “intuitive” city Internet might materialize; where one would find informative presentations of our city’s art galleries at artgalleries.nyc, find banks at banks.nyc, and locate a church at churches.nyc. And with each such directory a bonus would arrive: the opportunity for a New Yorker to form a new small business.

But our confidence plummeted when the city’s contractor announced that a high-bid auction was to be held on October 24 for 20 domain names:

These are the first of what might ultimately be 3,000 auctioned names, many of which are vital to the realization of that intuitive city and the utility of the TLD.

The basis of our disappointment is epitomized by the hotels.nyc domain name. It’s reasonable to assume that, in a high-bid auction, an entity such as the Hilton Corporation, with deep pockets and 30 hotels in or near the city, will win. When this occurs two associated outcomes can be predicted with reasonable certainty: a traveler looking to hotels.nyc for a city hotel would assuredly be provided with a highly skewed view of the city’s 250+ hotels (a Hilton perhaps?). And a comprehensive listing of hotels, perhaps creatively mixed to include an AirBnB-like listing, fashioned by a local entrepreneur will never materialize.

With our being awarded the license for JacksonHeights.nyc, we have a big stake in this development: If people come to believe that hotels.nyc and other such civic infrastructure names are in essence offering “biased directories,” what hope is there that they will come to trust that JacksonHeights.nyc presents the considered and collaborative intelligence of its neighborhood namesake?

To summarize, the city has established a workable model to guide the allocation of the neighborhood names, requiring detailed public interest commitments (PICs) from those interested in the rights to their development. Further, those awarded neighborhood name must return every three years to demonstrate they’ve met their PICs. In contrast, the plan for auctioning hundreds, perhaps thousands of these civicly important names does not require any PICs from the auction winners. And there’s no review process whatsoever, with the names issued virtually forever.

#StopTheAuctions

If the city sticks with the high-bid auction (a holdover from the Bloomberg Administration), several negatives will result.

• Our opportunity to establish .nyc as a managed and trusted TLD, a safe port if you will, will be severely diminished.
• We’ll loose the opportunity to provide access to these new resources to capital starved entities. The local flavor and creativity will suffer.
• We’ll loose an opportunity to bolster our digital self reliance. We’ll remain dependent on distant search engines to filter and present our digital resources.

The city should stop the auctions and follow these steps to improve the name allocation process.

• City Hall should establish a public policy that facilitates the identification and development of civicly valuable domain names.
• Considering the economic and aggregation benefits that arise with a well managed and trusted digital resource, it should categorize the 3,000 names: those that can be auctioned immediately, names for negotiated allocation (like the neighborhood names), and names that have PICs and are destined for high-bid auction. (Here’s a start.)
• The city’s Department of Small Business Services should do outreach to small and minority businesses and empower them to participate in these auctions by sponsoring hackathons, networking events, loans, credits…

The city should begin governing the .nyc TLD as a common that belongs to all New Yorkers. While Mayor de Blasio has taken some commendable steps, e.g., the neighborhood names and a nexus policy that restricts ownership to New Yorkers, success requires an investment. The city should immediately re-establish its .NYC Community Advisory Board and enable meaningful public engagement in the auctions, and deal with issues such as abandoned names, idle names, WHOIS, rates, and consumer protections.

Longer term, the city charter needs to be revised to reflect the Internet’s existence.

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Thomas Lowenhaupt is the founding director of Connecting.nyc Inc., a NYS nonprofit education organization advancing the operation of the .nyc TLD as a public interest resource. His 2001 Internet Empowerment Resolution sparked the city’s acquisition of the .nyc TLD. Two years ago the Internet Society of New York and Connecting.nyc sponsored a panel on the allocation of these “premium” domain names. See a report on that meeting here.