Re: [ga] Re: [Politech] PFF's Bill Atkinson: ICANN is "out of control, " VeriSign harmed

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

Funny, I generally like these guys but; ICANN has never will never and can never adopt, enforce, draft or propose regulation. Further, CFRs cover this entire area and were written before ICANN or Verisign were created. Sometimes one has to remember that you must be willing and able to compete in order to do so.
Eric

Jeff Williams <jwkckid1@xxxxxxxxxxxxx> wrote:
Declan and all,

It has been obvious sense MDR 2000 that ICANN was out of control.

Declan McCullagh wrote:

> While it is true that PFF gets money from VeriSign, it also may be
> true that ICANN is no angel and that its regulatory views have been
> suffering from creeping featurism. Bill's criticisms of ICANN seem to
> have some grounding in reality; unfortunately, he didn't address the
> (valid) criticisms of SiteFinder too.
>
> -Declan
>
> ---
>
> http://www.pff.org/weblog/archive/2004_08_01_archive.html#109389785619869051
>
> VeriSign v. ICANN
>
> ICANN's interference with VeriSign's introduction of new domain name
> system (DNS) services has been a source of tension for years. It came
> to a head in February when VeriSign filed a seven-count lawsuit
> against ICANN, alleging that ICANNprovisions of ICANNte court where
> the remaining claims can be tried. He held that VeriSign's detailed
> allegations that competitors had captured ICANN's decision-making
> process were insufficient to establish an antitrust conspiracy, since
> VeriSign failed to allege facts establishing that competitors
> "controlled" or "dominated" ICANN's board.
>
> I recently wrote a paper arguing that ICANN's regulatory excesses
> stifle innovation in domain name services, and that reliance on
> competition, rather than regulation by ICANN, would best serve
> consumers. Matz takes a rather narrow view of the corporate
> decision-making process, especially in light of the specific evidence
> of competitors' key role in many of ICANN's decisions, and even a
> statement by former ICANN president Stuart Lynn that ICANN's process
> was "too exposed to capture by special interests" (Judge Matz
> dismissed this by observing that Lynn had not actually "admitted" that
> the Board had been captured). But an antitrust claim is admittedly a
> blunt instrument for curbingICANN's abuses. Press reports indicate
> that VeriSign will not appeal this decision (which would add further
> to the delay in introducing new services), but rather will pursue its
> state law claims.
>
> As VeriSign's complaint and numerous critiques confirm, ICANN is out
> of control. It was created to promote competition in domain name
> services (DNS), given a very narrow regulatory mandate, and directed
> to meet basic standards of fair and open decision-making. It has
> adopted an increasingly expansive view of its regulatory mandate while
> providing virtually no procedural protections to affected parties. And
> its processes are clearly subject to capture. As a result, ICANN is
> delaying indefinitely the introduction of beneficial services.
>
> Fortunately, Judge Matz's decision leaves VeriSign free to enforce
> ICANN's obligations under the Registry Agreement and related
> obligations in state court. ICANN's position clearly raises risks of
> regulatory abuse. But the Registry Agreement also contains provisions
> designed to prevent regulatory abuse by limiting ICANN's power and
> restricting the manner in which it can be exercised. ICANN should be
> strictly held to the letter and spirit of these protections.
>
> - posted by Bill Adkinson @ 8/30/2004 04:19:24 PM
> _______________________________________________
> Politech mailing list
> Archived at http://www.politechbot.com/
> Moderated by Declan McCullagh (http://www.mccullagh.org/)

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard

"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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