Powers (c)

[Dennis Jennings <Dennis.Jennings@ucd.ie>]

Jon, Gabe,

Continuing to re-read the Bylaws, I am a bit surprised by the Clause
(c), Section 1. General Powers, Article IV: Powers (See below).

I am surprised on two counts.  First, since the clause is a General
Power, that it is restrictive rather than enabling.  Second, because the
clause significantly inhibits, in my view, the Corporation using its
general powers to enhance competition in the market - and enhancing
competition was, I thought, an important requirement of the new
Corporation.

I would have expected a clause along the lines of the following:

“The Corporation shall apply its standards, policies, procedures and
practices to ensure, where practicable, that a competitive market is
encouraged in every aspect of the operation of the Internet, taking due
care that the interests of any particular party are not unreasonably and
unjustifiably harmed.”

I don’t know much about Competition Law, but I surmise that the clause
as it stands will not be acceptable under European Competition Law, and
will inhibit the endorsement of the document.  Perhaps someone with
expertise in European Competition Law may care to comment.

Thanks
Dennis
---------

(c) The Corporation shall not apply its standards, policies, procedures
or practices inequitably or single out any particular party for
disparate treatment unless justified by substantial and reasonable
cause.

          Comment: This language was added to create additional
protections against inappropriate actions by the Corporation.