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

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

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

Your right, we do disagree here.  As a bond holder myself I can guarantee
you that placing/purchasing such a bond, is NOT mearly a place holder.
Such a bond assumes financial liability of the bond holder/purchaser,
and such bonds are very expensive and many times requires putting
up hard/tangable assets.

Most bonding underwriters would want or demand a huge preimum
and hard assets be put up on this sort of bond.  New startup registries
of this nature do not, cannot, or would not put up such hard assets,
as they would not yet exist, and would be prohibitively expensive
in terms of premiums.

As one that has been bonded and is currently bonded now, such a
ventures would require at least $900.00/month in preimums, and
at least 40% of the bonded value be secured by an individuals
assets.  Few startup companies considering going  in the registry
business have such where with all for this.  Hence this is in this
sense, dictating a business model.  That is not within ICANN's
purview.

kidsearch wrote:

> 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
> >
> > "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]
> > ===============================================================
> > Updated 1/26/04
> > CSO/DIR. Internet Network Eng. SR. Eng. Network data security
> > IDNS. div. of Information Network Eng.  INEG. INC.
> > ABA member in good standing member ID 01257402
> > E-Mail jwkckid1@xxxxxxxxxxxxx
> >  Registered Email addr with the USPS
> > Contact Number: 214-244-4827
> >
> >
> >

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]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402
E-Mail jwkckid1@xxxxxxxxxxxxx
 Registered Email addr with the USPS
Contact Number: 214-244-4827