Re: [ga] Ask Vint Cerf: The Road Ahead for Top-Level Domains

["kidsearch" <kidsearch@xxxxxxxxxxxxx>]

Jeff, we disagree here. When you put up a bond YOU are guaranteeing the
viability, ICANN is guaranteeing nothing. Thats exactly my point. The bond
is not placed with ICANN or to assure ICANN can do anything at all. The bond
is put up through an insurance or bonding company as an assurance to
purchasers of domain names. ICANN just notes that you have placed such a
bond and moves on to the technical requirements.


----- Original Message ----- 
From: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>
To: "Karl Auerbach" <karl@xxxxxxxxxxxx>
Cc: <ga@xxxxxxxxxxxxxx>; "vinton g. cerf" <vint@xxxxxxxxxx>; "icann board
address" <icann-board@xxxxxxxxx>
Sent: Thursday, January 19, 2006 7:02 AM
Subject: Re: [ga] Ask Vint Cerf: The Road Ahead for Top-Level Domains


> Karl and all former DNSO GA members or other interested
stakeholders/users,
> ,
> Bonds of this sort, such a surety bonds for instance guarantee nothing,
> but provide only of a means to impose legal liability.  That is not a good
> idea for new business regardless of the viability of any business plan,
> or the success rate or lack there of, of any business plan.
>
> Secondly, ICANN is not in the business nor should it be, in guaranteeing
> business plans/proposals for registry or registrars.  It is simply outside
> of ICANN's scope.
>
> Karl Auerbach wrote:
>
> > On Wed, 18 Jan 2006, kidsearch wrote:
> >
> > > create the tlds. I'm also open to the need for a tld owner to have to
put up
> > > a bond or purchase insurance to cover some plan by ICANN or another
body to
> > > take over tld management if necessary due to failed business plans.
> >
> > Would you be willing to say that every business, every enterprise, every
> > school, every church, in fact every person, would have to equally post
> > some sort of bond guaranting their sucess?
> >
> > Clearly you wouldn't.
> >
> > So, why are TLDs any different?
> >
> > You can even start an airline or a food service without having to prove
> > that you won't go out of business - all you have to prove is that you
know
> > how to (and do) follow the appropriate safety procedures.
> >
> > Hey, even the top of ICANN's pyramid of contracts - ICANN itself - has
> > never created a bond or other guarantee that it won't simply go out of
> > business and let the pyramid of domain name registration contracts
> > crumble.
> >
> > > understand the arguments against such a failsafe plan, but think no
proposal
> > > without such assurances will pass the muster
> >
> > Talk about shooting low...  ;-)
> >
> > As soon as we admit even one non-technical criteria then everybody
else's
> > hobbyhorse can come in the door.  And the first to march through, with
the
> > band playing, will be the intellectual property industry.
> >
> > So the answer is this - if you want to impose business longevity
> > guarantees, do it through the appropriate mechanism: a legislative
> > enactment passed by a national legislature and signed by a national
> > executive.  But don't do it under the guise of "technical stability".
> >
> > > Contractors, plumbers and others have to be bonded and insured.
> >
> > No, they don't, people are not required to hire bonded or union
plumbers,
> > contractors, etc.
> >
> > Only a very few professions (such as medicine or law) have legal
> > requirements.  And speaking as a member of one of those professions, I
can
> > tell you that I don't have to post any sort of bond guranting my
business
> > continuity to my clients.
> >
> >                 --karl--
>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
> "Obedience of the law is the greatest freedom" -
>    Abraham Lincoln
>
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> 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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