[icann-eu] Re: Proposed statement on Verisign contract revision

[Jeff Williams <jwkckid1@ix.netcom.com>]

Milton and all,

  #10 looks very good as stated.  Well done Milton!

  Now for some additional amendments or clauses that might be or some
interest with respect to the $200m and the $5m.... Any ideas on how
these funds should be handled and also utilized?

Milton Mueller wrote:

> This is quite an improvement in format and clarity. Thanks, Hans!
>
> I propose some amendments to your amendments.
>
> First, I have added specific dates where needed.
>
> Second, I have added a new proposed amendment (#10) which should be uncontroversial: I call for an explicit commitment that the current open policy for org registrations remain and that existing name holders' renewal rights not be compromised by the change.
>
> Third, I have made what may be a contested change. I propose to delete paragraph 2. Two reasons: One, given a technical architecture that makes sharing possible and more widespread competition at the registry level, I do not believe that integration of the registry and registrar functions is per se anti-competitive. Two, our proposed changes in the contract do not call for eliminating  that aspect of the new contract, anyway. And if we do propose to delete it, then certainly the whole deal would fall apart, as that is the "sweetener" for making the whole deal from Verisign's point of view.
>
> >>> Hans Klein <hans.klein@pubpolicy.gatech.edu> 03/19/01 12:28PM >>>
>
> PROPOSED REVISED STATEMENT
>
> 1. With respect to the revised Verisign/Network Solutions contract, the
> Noncommercial Domain Name Holders Constituency (NCDNHC) opposes
> ratification.  The NCDNHC concerns arise for both substantive and
> procedural reasons.  However, we note that the proposed contract has some
> merits.
>
> Substantive Issues
> ==================
> Delete: [2. The proposed contract is anti-competitive. By leaving Verisign with the
> combined .com registry and registrar operations, it gives the company an
> unfair competitive advantage against other registries.]
>
> 3. The pace of divestiture is too slow.  The dates for divestiture of
> registry operations of .org (31 December 2002) and .net (1 January 2006) are too far off.  Divestiture should occur more quickly.
>
> 4. The contract adds new regulations to .org domain.  The proposed
> restriction of .org to only non-profit registrants is inconsistent with
> long-standing policies and practices.
>
> 5. Many of the presumed benefits of the revised agreement could be achieved
> without the agreement, by rapid authorization of new top-level domains and
> new registries (see below.)
>
> Procedure
> =========
> 6. Even though the contract contains significant new policies in registrar
> competition and .org registration, the DNSO was not consulted. To approve
> an agreement arrived at in this manner would undermine if not destroy the
> DNSO's policy authority, which is based on bottom-up consultation.
>
> Positive Aspects
> ================
> 7. The separation of the .com, .net, and .org registries is a positive
> development. The NCDNHC supports divestiture of NET and ORG from the COM
> registry to promote registry competition.
>
> PROPOSED CHANGES
> ================
>
> 8. Accelerate the divestiture of ORG and NET to 1 November 2002.
>
> 9. Make the contract conditional upon the creation of 5 new TLDs for non-profit or free expression purposes by June 2002.
>
> 10. Ensure that the ORG domain remains open to miscellaneous use and that the renewal rights of existing holders of ORG domains are not affected in any way by the transfer of administration.
>
> ###
>
> At 04:22 PM 3/18/01 -0500, you wrote:
> >Members:
> >
> >Here is my proposed statement on the Verisign agreement. We have only a
> few more days to develop consistent input. Please let me know what you
> think. Paragraphs are numbered to assist in comment.
> >--Milton Mueller
> >
> >=====
> >
> >Statement of the Noncommercial Domain Name Holders Constituency
> >===============================================================
> >
> >1. The Noncommercial Domain Name Holders Constituency supports divestiture
> of NET and ORG from the COM registry to promote registry competition.
> >
> >2. However, we oppose ratification of the revised Verisign/Network
> Solutions contract for the following reasons:
> >
> >a) The contract negotiated by ICANN staff fails to achieve the divestiture
> quickly enough and conceded too much to Verisign/Network Solutions in return.
> >
> >b) The flaws in the bargain could have been easily identified and
> corrected had staff informed the DNSO of the negotiations and permitted
> timely consultation and input from the constituencies. To approve an
> agreement arrived at in this manner would undermine if not destroy the
> DNSO's policy making structure.
> >
> >c) Many of the presumed benefits of the revised agreement could be
> achieved without the agreement, by rapid authorization of new top-level
> domains and new registries.
> >
> >d) The proposals for new TLDs and contracts with new registries were
> defined under the assumption that the existing Verisign contract would be
> in place. It is unfair to competing registries and registrars to alter such
> a fundamental aspect of their business environment at this juncture.
> >
> >---
> >You are currently subscribed to ncdnhc-discuss as:
> hans.klein@pubpolicy.gatech.edu
> >To unsubscribe send a blank email to
> leave-ncdnhc-discuss-1799I@lyris.isoc.org
> >
>
> ---
> You are currently subscribed to ncdnhc-discuss as: mueller@SYR.EDU
> To unsubscribe send a blank email to leave-ncdnhc-discuss-1732M@lyris.isoc.org
>
> ---
> You are currently subscribed to ncdnhc-discuss as: Jwkckid1@ix.netcom.com
> To unsubscribe send a blank email to leave-ncdnhc-discuss-1799I@lyris.isoc.org

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208