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Re: [ga] "Ongoing Programs" Mechanism

  • To: Danny Younger <dannyyounger@xxxxxxxxx>
  • Subject: Re: [ga] "Ongoing Programs" Mechanism
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Thu, 15 Dec 2005 23:10:36 -0800
  • Cc: Karl Auerbach <karl@xxxxxxxxxxxx>, ga@xxxxxxxxxxxxxx
  • Organization: INEGroup Spokesman
  • References: <20051215140857.56687.qmail@web53507.mail.yahoo.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx

Danny and all former DNSO GA members or other interested
stakeholders/users,

Agreed to a degree only here.  If ICANN cannot regulate and/or
DOC/NTIA cannot create and enforce regulation as to the technical
requirements or yet to be determined technical requirements for
running a TLD, than ICANN is basically forced to "negotiate"
a contract for same.  However such a contract should be very
simple, direct and descriptive as well as short.

My concern is that even if a contractual arrangement is determined,
than ICANN must enforce that contract, and all must be exactly the
same, which again takes ICANN back to being a sudo-regulator
with all the overhead there unto pertaining.

However Karl is right IMHO that negotiating business practices
that are non-technical in nature, is unnecessary and intrusive, even
if doing so MAY have some advantages to the stakeholder/user
community.

Danny Younger wrote:

> Karl raises a very good point:  "Why the ^%!~ should
> there be "negotiations"?"
>
> Why is there the presumption that new gTLDs will
> necessarily require a contract?  The DNS currently has
> 264 TLDs.  ICANN has contracts only with 18 of those
> sponsoring organizations.  Over 93% of all TLD
> sponsors have no contract with ICANN.
>
> One should also note that ICANN has no contract with
> the sponsors of .edu, .mil, .int, or .gov.
>
> Why then should a new gTLD sponsor be required to sign
> a contract?  Where is the community consensus that
> this is a necessity?
>
> What if members of Civil Society decided to launch a
> .SUCKS domain and told ICANN that they would not be
> prepared to accept a contract?  Would .SUCKS ever be
> entered into the root? Would a failure to enter an
> approved domain into the root owing to a lack of a
> negotiated contract constitute restraint of trade?
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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