[alac] Problems with the renewal contracts
I agree with John, Bret, et al. that there are serious problems with the proposed .biz/.info/.org contracts. Opening the door to uncontrolled raising of prices and differential registry pricing could harm the interests of domain name registrants -- particularly, as we've discussed before, since registrants are relatively locked in to domains they've used to establish non-commercial or commercial presence, and registered under an expectation of stable or limited price increases. If I trusted ICANN more, I would also be very concerned about the limited definition of "Registry Services" that ICANN is empowered to restrict, and the limited definitions of "Security and Stability." (3.1. (d)(iv)(G)) Under the proposed contracts, it is not a valid objection to a new Registry Service that it harms the public interest, imposes unjustified costs on registrants or DNS users, hampers law enforcement, infringes trademark rights, breaches privacy rights, or imposes greater costs on the public than benefits. (3.1 (d)iv)(A)) For a quasi-public resource, leaving all of those choices to the unfettered discretion of a privately controlled Registry under a 6-year contract (with a presumptive renewal unless it materially breaches three times!) seems against the public interest of domain registrants and DNS users. --Wendy Wendy Seltzer -- wendy@xxxxxxxxxxx Visiting Assistant Professor of Law, Brooklyn Law School Fellow, Berkman Center for Internet & Society http://cyber.law.harvard.edu/seltzer.html Chilling Effects: http://www.chillingeffects.org
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