Paul and Ross, appreciate your comments and concerns. The motion was
posted for discussion, comment, and amendment for 14 days. The only
individual offering an amendment was Bob Connelly, and it was
included as an alternate given it's structure and couldn't be deemed
friendly (incorporated in the motion) for that reason. Having these
comments during that period would certainly have been helpful.
Tim
-------- Original Message --------
Subject: Re: [registrars] The Ballot on Domain Tasting has been sent
to
Voting Members.
From: Paul Goldstone <paulg@xxxxxxxxxxxx>
Date: Fri, January 11, 2008 1:09 pm
To: Ross Rader <ross@xxxxxxxxxx>
Cc: "Robert F. Connelly" <BobC@xxxxxxxxxxxxxxx>, Registrars
Constituency <registrars@xxxxxxxxxxxxxx>
Ross,
I have been anxious to see your follow up as I too have been really
troubled over this ballot. While I want to be a part of an RC
statement on this matter, at this point I am about out of time and am
only comfortable with approving the ammendment - to take a vote on
the
RC members' position on domain tasting. I'd appreciate some feedback
(from anyone) on some of my thoughts.
My first thought is that the ballot should start with an agreed
description on what we feel domain tasting to be (possibly by way
of a
vote). Otherwise it's left open to opinion on what uses of the AGP we
are discussing and consider to be tasting.
Another concern is that there are a number of places throughout the
ballot that claim an opinion without having taken a vote. I don't see
the value of sending a statement that has not been substantiated by
taking a vote, and that is already covered a lot better by some of
the
other groups so far anyway.
For example, the ballot claims that the RC is in general agreement
for
the "Preferred" and "Acceptable but not Preferred" recommendations. I
don't completely agree with the "Acceptable but not Preferred"
recommendation as stated, and don't recall a vote being held to
determine if the RC was indeed in general agreement. Also, could
someone please clarify what PDP stands for in the following
statement?
"Therefore the RC, regardless of their view, is generally opposed to
a PDP on this issue"
Another example is the two views at the beginning of the motion that
start with "Many registrars believe that...". Again, without taking a
vote, I think it would be more accurate to say "Some registrars
believe that..." I'm not trying to split hairs here but how many
registrars constitute "many"? IOW, what percentage of total
registrars have stated that they agree with either view? Perhaps this
is just my opinion but I feel that when people read that, it could
come across that it's an even (or close to even) split between
registrars that agree with domain tasting those that do not. Is that
the case?
Personally I think we should jump ahead to the amendment and take a
vote. If the majority disagrees with domain tasting then we submit it
along with a statement, and if the majority agrees with domain
tasting
then we pretend we didn't vote. Of course I'm joking. I do think we
should have taken a vote first though.
I also think it's important to keep reminding people by including a
comment that the overwhelming majority of domain tasting is done by a
select few companies.
Regarding view #2, I am fine that there are opposing opinions, but
from a personal level I don't understand why "many registrars"
believe
that domain tasting is due to market demand. So far as I understand
it, a small number of companies use domain tasting to register
millions of domains, add PPC pages, and keep the ones that make
money.
I'd be interested to hear from the many registrars with view #2 as to
how that relates to market demand.
I also don't understand the second statement of view #2 that states
that ICANN should not be regulating market activity. "Market
activity" doesn't seem an appropriate description if it's just a few
companies. IMO "most" domain tasting nowadays is the use of a
loophole, and bottom line is that if everyone tasted domains for PPC
monetization, and/or tasted domains by default as a method of layaway
shopping with no fees and no limits, there'd be no domains for the
registrants that actually want to eat, at the expense of everyone but
the tasters. Who if not ICANN should fix the loophole? If the answer
to that question is Verisign that I've heard in the past, then why
isn't that clarified in view #2? Is it that registrars with view #2
don't want "anyone" to regulate this, or that they just don't want
the
GNSO and ICANN to regulate it?
Finally, as you all know, layaway tasting by use of the AGP is a hot
topic right now. Although I disagree with the way the 'pioneer' in
this service has handled it, I do feel that it has some merit, so
long as...
a) the customers actively choose to put the domain on layaway.
b) the registrar (and in turn the registrant) is charged a small fee
for the transaction.
So, for my two cents, I think that a possible solution is to provide
AGP at no charge for a percentage of total registrations for any
given
registrar (for testing, fraud and errors), and anything above that
should be charged a reduced fee. What registrars do with AGP after
that is up to each of them, but at least then it'd be a legitimate
and
paid service rather than a free for all.
I understand that it's very late to be making these comments, but
I've
really been struggling with this ballot and I'll try to voice my
opinions sooner in future.
~Paul
:DomainIt
At 01:47 PM 1/4/2008, Ross Rader wrote:
Happy new year Bob! (and everyone else).
To be honest, I find the whole ballot very confusing. While I agree
with some aspects of what is stated, I find other elements of the
motion very troubling. I don't believe that I can vote in favor of
the
motion without somehow endorsing elements of the statement that I
fundamentally disagree with.
As such, I will be voting against this motion. Time permitting, I
will
send something along to the list outlining exactly what our position
and preferences on this subject are.
On 4-Jan-08, at 11:56 AM, Robert F. Connelly wrote:
Dear Registrars: The ballot on the motion has been sent to the
Voting Members List. If you are other than the voting member of a
dues paying registrar, you may want to be sure that your voting
member received the ballot.
The ballot will remain open until midnight GMT, 11 January 2008. A
second and third ballot will be sent between now and the closing of
the ballot. Voting members may vote several times but any secondary
ballots overwrite the prior ballots. The final results will be open
for all to see.
For your convenience, the Main Motion and the Unfriendly Amendment
are posted at the following URL:
http://icannregistrars.org/Talk:ICANN_Registrars
I call your attention to the following "preamble" to the Main
Motion:
The Motion: Move that the Registrar Constituency approve the
following statement as Registrar Constituency Statement on Domain
Tasting: The Registrars Constituency (RC) has not reached
Supermajority support for a particular position on Domain Name
Tasting. Below are statements of the views/positions espoused by RC
members.
end quote:
Searching our By-Laws and Rules of Procedure, I do not find a
definition for "Supermajority" nor any reference to a
"Supermajority". It *is* clear that any amendment to the By-Laws
requires a 66% majority. However, the ICANN By-Laws make multiple
references to Supermajority.
Article 16, Additional Definitions states "'Supermajority Vote'
means a vote of more than sixty-six (66) percent of the members
present at a meeting of the applicable body".
Those who drafted the Registrar Constituency By-Laws and Rules of
Procedure were opposed to our earlier use of "straw ballots". They
insisted that no one promulgate *any* position to our Constituency
that was not supported by a vote taken when a quorum of voting
members was present. I believe that, until our last two meetings,
we have not ever had a quorum of voting members present at a
meeting, neither "live" nor by teleconference. Thus, we have relied
upon the written ballot. Our Rules of Procedure give us clear
instructions on how we are to ballot on motions. This present
ballot complies with those instructions.
So, when voting on the motion and the unfriendly amendment, keep in
mind that positions of the Registrar Constituency *do_not*
require a
66% majority and that, until now, we have not taken *any* vote on
whether domain tasting is "good, bad or indifferent". Till now, it
has been all talk, no vote.
The Main Motion does not actually define the position of the
Constituency. It *is* a clear and carefully drafted statement of
two opposing "Views" of "many registrars". If the majority of
ballots cast for the *Amendment* are favourable, there will be a
second ballot which will seek determine whether the Constituency
supports one or the other View described by the Main Motion.
Respectfully submitted,
Bob Connelly
Secretary
Ross Rader
Director, Retail Services
t. 416.538.5492
c. 416.828.8783
http://www.domaindirect.com
"To solve the problems of today, we must focus on tomorrow."
- Erik Nupponen