On May 7, 2015, at 9:56 AM, Livingood, Jason 
<jason_living...@cable.comcast.com> wrote:
> 
> Beyond that, does it end up being a cheap way to avoid the ICANN process of 
> creating a new gTLD. For example, I am not aware that anything prevents the 
> ToR project from applying to ICANN for the .onion gTLD. So from one 
> perspective, would more people just deploy into an unused namespace and then 
> later lay claim the the namespace retroactively based on their use 
> (gTLD-squatting)? This could be quite messy at scale, and I am not sure the 
> IETF has a process to deal with and consider competing uses. 

I think this is an unfortunate way to look at the issue.   We have a clear 
process for allocating special-use domain names.   If TOR had come to us and 
asked for one, would you argue that they should pay ICANN $180k to get it?   
Where would that money come from?   They don't need a delegation.   They just 
need for the name to be registered as a special-use name.   This is not at all 
the same situation as someone coming to us asking to get a _delegation_ for a 
TLD based on the special-use domain name process.   Special-use doesn't apply 
in that case, and we would reject it.   So your argument amounts to a straw man.

I think part of the reaction to this proposal at the moment is that the process 
_wasn't_ followed.   And so we are rightly concerned that future candidates for 
special-use names will also not follow the process, leading us to have to 
revisit this conversation.   However, that is actually exactly wrong.

In reality, the more pushback we give for a reasonable and legitimate request 
for a special-use domain now, the more likely it is that when someone needs one 
in the future, they will give up before they try, as the ToR people did.   What 
we should be doing is judging those requests that seem legitimate and 
responding expeditiously, not creating a huge process black hole into which 
such requests will be swallowed.
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