Re: [ga] More on Sitefinder suspension

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Georgep and all former DNSO GA members or other interested parties,

  George, again you seem not to have read this reference very closely.
The most relevant part is the following:
"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."

  As the stakeholders/users have no real voice or vote in such
instances within ICANN's now skewed structure, and no review
has commenced, taking the action you suggest under this agreement
isn't likely or even possible any time soon as to FORCE Verisign
into anything such as you suggest.


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/

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 131k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard
===============================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@xxxxxxxxxxxxx
Contact Number: 214-244-4827 or 214-244-3801