Re: [ga] More on Sitefinder suspension

[George Kirikos <gkirikos@xxxxxxxxx>]

Hello,

--- Dan Steinberg <synthesis@xxxxxxxxxxxx> wrote:
> And ICANN can not force Verisign to susspend their service.
> 
> Worse, the sad fact is...anything  ICANN might try do to stop
> Verisign 
> would cause ICANN itself to quickly face legal action.

That's not correct. I refer you to:

http://www.icann.org/tlds/agreements/verisign/registry-agmt-com-25may01.htm

Paragraph I.1.C.

"C. A specification or policy established by the ICANN Board of
Directors on a temporary basis, without a prior recommendation by the
council of an ICANN Supporting Organization, shall also be considered
to be a Consensus Policy if adopted by the ICANN Board of Directors by
a vote of at least two-thirds of its members, so long as the Board
reasonably determines that immediate temporary establishment of a
specification or policy on the subject is necessary to maintain the
operational stability of Registry Services, the DNS or the Internet,
and that the proposed specification or policy is as narrowly tailored
as feasible to achieve those objectives. In establishing any
specification or policy under this provision, the ICANN Board of
Directors shall state the period of time for which the specification or
policy is temporarily adopted and shall immediately refer the matter to
the appropriate Supporting Organization for its evaluation and review
with a detailed explanation of its reasons for adopting the temporary
specification or policy and why the Board believes the specification or
policy should receive the consensus support of Internet stakeholders.
If the period of time for which the specification or policy is adopted
exceeds 90 days, the Board shall reaffirm its temporary adoption every
90 days for a total period not to exceed one year, in order to maintain
such policy in effect until such time as it meets the standard set
forth in the first paragraph of Definition 1 above."

That's *all* the language the Board needs, no more, or no less, to
force NXDOMAIN as a consensus standard on Verisign registry, and force
Verisign's hands.

They should have no problems getting the 2/3s votes in the GNSO and/or
at the Board level. There are probably other sections of their
contracts that can be used too.

Sincerely,

George Kirikos
http://www.kirikos.com/