[ga] Is VeriSign currently negotiating with ICANN to raise .com prices via "extraordinary expense" justification??

[George Kirikos <gkirikos@xxxxxxxxx>]

Hello,

As we all are aware, the latest .com agreement allows VeriSign to raise
.com prices by 7% without justification for 4 out of the next 6 years,
but can also raise them in the other 2 years with cost justification,
see:

http://www.icann.org/tlds/agreements/verisign/registry-agmt-com-01mar06.htm

7.3.d.ii. "In any year, however, where a price increase does not occur,
Registry Operator shall be entitled to increase the Maximum Price by an
amount sufficient to cover any additional incremental costs incurred
during the term of the Agreement due to the imposition of any new
Consensus Policy or documented extraordinary expense resulting from an
attack or threat of attack on the Security or Stability of the DNS, not
to exceed the smaller of the preceding year's Maximum Price or the
highest price charged during the preceding year, multiplied by 1.07." 

An optimal strategy for profit maximization would be to try convince
ICANN of the cost justification 7% increases at the START of the
contract (i.e. in the first 2 years if possible), so that the precious
unjustified increases can sail through in the final 4 years. 

VeriSign has a habit of using self-invented "crises" to attempt to
profit. They tried to bring in WLS, if you recall, by saying that they
were suffering from DDOS "add storms". However, when exposed to the
light of critics, there were simple technical fixes available, and
VeriSign had to concede soon thereafter that "load is no longer an
issue".

http://www.dnso.org/clubpublic/nc-transfer/Arc00/msg00242.html

VeriSign of late has tried to suggest that DNS attacks of late are
escalating. It would seem to me that this might be part of a concerted
strategy to try claim there is another "crisis", just like in the past
with "add storms" and WLS, to try to "justify" price increases.

So, my question is this: Is VeriSign at present negotiating with or
discussing with ICANN staff the possibility of raising prices using the
"justification" argument? (as opposed to the "unjustified" increases) 

If so, will the public be entitled to review and have a public comment
period to review the so called "evidence", including ALL the relevant
financials? Furthermore, will the public be permitted to present
counter evidence of counterbalancing COST DECREASES (e.g..
technological cost reductions for hardware and bandwidth), as discussed
for instance at:

http://gnso.icann.org/mailing-lists/archives/ga/msg06091.html

ICANN has a tendency, to present these negotiated results at the 11th
hour as a "fait accompli" with limited time to prepare and respond.
That's why I ask well in advance of anything having been made public,
so that opponents can get ready to rumble and that the Board is not
taken by surprise either by possible secret negotiations conducted by
staff.

Sincerely,

George Kirikos
http://www.kirikos.com/