[ga] We strongly oppose the proposed .biz .info and .org registry aggrements

["Prophet Partners Inc." <Domains@xxxxxxxxxxxxxxxxxxx>]

August 28, 2006

 

We are deeply concerned that ICANN is seriously considering the approval of the proposed .biz, .info and .org registry agreements. We believe that all three proposals contain powerful and dangerous clauses that are both anti-competitive and a stability or security threat to the DNS. Approval of these proposed registry agreements would also create a dangerous precedent for Verisign to demand equal or greater concessions from ICANN during future contract negotiations for the .com and .net gTLD's.

 

We strongly disapprove of the presumptive renewal clauses in the proposed .biz, .info and .org registry agreements that would provide NeuStar, Afilias and PIR with essentially a perpetual monopoly over the .biz, .info and .org gTLDs for an infinite period of time. We believe that the presumptive renewal clause is too lenient as it permits NeuStar, Afilias and PIR to make repeated material breaches of the contract before facing any consequences. It only takes one material breach to threaten the stability and security of the DNS. It is our belief that approval of the presumptive renewal clause will remove any incentive for NeuStar, Afilias or PIR to EARN THE RIGHT to be the ICANN designated .biz, .info or .org registry. This may cause NeuStar, Afilias or PIR to become negligent in their registry duties, and as a result diminish the stability or security of the DNS. The only way to ensure that this potentially catastrophic situation does not occur is to (1) limit the length of the .org registry agreement and (2) establish an independently evaluated competitive bidding process among NeuStar, Afilias or PIR and other qualified registry operators when the .biz, .info and.org registry agreements are up for renewal.

 

We also strongly disapprove of the clause in the proposed .biz, .info and .org registry agreements that remove all price controls imposed on NeuStar, Afilias or PIR's  pricing of registry services. Furthermore, six months advance notice by NeuStar, Afilias or PIR of price increases is simply inadequate and offers next to no protection for domain registrants. Without knowing a ballpark figure for the amount of future price increases by NeuStar, Afilias or PIR, it is impossible for domain registrants to prepare. With the prospect that NeuStar, Afilias or PIR may raise prices by 100%, 1,000%, 10,000% or more, many domain registrants will likely be ill prepared for such price increases. To illustrate such a disaster scenario, think about New Orleans and Hurricane Katrina, when hundreds of thousands of people were given short notice to evacuate and leave their homes. It is inconceivable that ICANN would consider granting NeuStar, Afilias or PIR with omnipotent powers over pricing and perpetual monopolies over the .biz, .info and .org gTLDs. Lord Acton warned that "Power corrupts and absolute power corrupts absolutely." World history has proven this repeatedly. The founding fathers of the United States recognized the dangers of concentrated power and created the three branches of government, executive, legislative and judicial to keep power in check. The checks and balances of the U.S. political system are the reasons why we are the most economically powerful country in the world. Figuratively, this proposed .biz, .info and.org registry agreements would essentially greatly increase NeuStar, Afilias or PIR's executive and legislative powers, while greatly reducing ICANN's judicial powers.

 

ICANN is a non-profit corporation that was specifically created to protect the interests of the public. In our opinion, it would be a gross dereliction of duty, if ICANN's Board of Directors approved NeuStar, Afilias or PIR's proposed .biz, .info or.org registry agreements. If the ICANN Board of Directors fails to see the dangers of the proposed .biz, .info and.org registry agreements, we kindly ask each of you to individually provide us with a complete list of your bank and brokerage accounts and sign over a full power of attorney granting us with full legal powers over your personal and business affairs. These powers of attorney would of course be subject to presumptive renewal provided we did not make repeated material breaches of our agreements.

 

In conclusion, we recommend that ICANN reject Public Interest Registry's proposed ..biz, .info and org registry agreements in their entirety.

 

Sincerely,

Prophet Partners Inc.

www.ProphetPartners.com