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Re: [ga] More on Sitefinder suspension
sigh....
ummmmmmmmm. No.
that language permits the board to enact a policy. They can then turn
around and serve notice on Verisign to act. And Verisign can object and
force the matter to go to court whenre ICANN would have to go and
demonstrate that it 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."
* proving that the operational stability of the registry services were jeaopordized is not going to happen
* proving that the operational stability of the DNS is threatened is not going to happen either. We may not like what we see but face it, the domains that are supposed to be working....are still working!!!! You face a monumental task convincing a judge that operational stability of the DNS is compromised when the opposing counsel can bring a notebook into the court and challenge you to find domains that should be working (and arent) because of sitefinder. This is of course providing the judge has not fallen asleep listening to your explanation of how DNS works and how its supposed to work. Remember...you have to prove all this and opposing counsel can (and probably) will question your arguemnts.
* proving the operational stability of the internet is compromised...see above. we are dealing with fine technical arguments about how we 'feel' the internet should work. But it is the absence of several standards that got us here in the first place. How can you prove something so general? Its like proving that someone is in a good or bad marriage. what standards apply? how do you even prove that those standards are applicable in the first place?
Nothing in courts is a slam-dunk but this one...seems from this vantage point...to be a long-drawn out action ending in a loss.
George Kirikos wrote:
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/
--
Dan Steinberg
SYNTHESIS:Law & Technology
35, du Ravin phone: (613) 794-5356
Chelsea, Quebec fax: (819) 827-4398
J9B 1N1 e-mail:synthesis@xxxxxxxxxxxx
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