Who controls who? VeriSign controls ICANN!

[Keith Richerdson <keithricherdson@xxxxxxxxx>]

Under the section "Background with respect to the
Proposed 2012 .com Renewal Agreement" on the .com Registry Agreement Renewal
Public Comment page published by ICANN on March 27, 2012:
http://www.icann.org/en/news/public-comment/com-renewal-27mar12-en.htm
 
The following remarks are made:
-------------------------
"ICANN does not have the right under the current .com
Registry Agreement to unilaterally refuse to renew the agreement or to
bifurcate registry functions. Breaching the renewal provision would expose
ICANN to liability under the contract."
-------------------------
 
 
ICANN claims it does not have the right to NOT renew the
agreement (or to divide up registry functions.)  ICANN goes on record and says 
it has legal liability if it does not
renew the contract with VeriSign.
 
How can ICANN claim to have a multi-stakeholder model if
VeriSign has the exclusive right to renewal this contract indefinitely?  
Specifically, renewal and pricing provisions
of the current contract are not subject to change through the agreement renewal
process.
 
VeriSign has power over ICANN because of this clause,
which should never have been agreed upon years ago.
 
It’s time to take ACTION NOW and REMOVE the renewal
provisions from this contract.  If ICANN
wants to act in the best interest of the global Internet community and continue
campaigning the "multi-stakeholder" model, ICANN must remove the presumptive
renewal provisions from the contract currently being negotiated upon.
 
ICANN should be in control of the .com registry.....not
VeriSign.  VeriSign has the legal
authority to run the .com registry indefinitely with 7% price increases every
four out of six years!  How will this
landscape look 15 years from now?  Consider the implications.
 
ICANN – It's time to step up to the plate and determine
the fate of your organization.  Don’t
simply hide in the corner and claim "legal liability", thus being married to
VeriSign for eternity.
 
The presumptive renewal provisions should have never been
agreed upon in the first place and this is the biggest mistake the ICANN
organization has ever made (among many other mistakes.)
 
Proposed Solution:
ICANN has put its very own organization in a very
dangerous spot by agreeing to the evergreen clauses with VeriSign years
ago.  ICANN should not simply sit back
and declare "legal liability" and continue to ignore the interest of the global
internet community.
 
ICANN must take IMMEDIATE action and retract the monopoly
it has created and continues to endorse.
 
ICANN - It is time to acknowledge the mistake you made
years ago.  Get creative.  Hire several law firms to assist with this
process and do what is in the best interest of  the global internet community.  
As
part of the this next renewal agreement, repeal or modify existing contractual
language giving ultimate control back to ICANN.  Thus when the next agreement 
is up for renewal years from now, the .com
contract will finally be sent out to a competitive bidding process!
 
In other words, ICANN has their hands tied because they
agreed the ridiculous presumptive right to renew years ago.  Because of this, 
VeriSign will be awarded
this next contract (or it will face a legal hurricane.)  However, as part of 
this current agreement
renewal process, ICANN must remove the presumptive renewal and pricing
provisions.
 
ICANN claims they will face legal liability if they don't
award this next contract to VeriSign......however we believe ICANN has even 
greater
legal liability for not doing what is in the best interest of the global
internet community.
 
ICANN – do what is right for the global internet
community!
 
How is a competitive bidding process not in the best
interest of the global internet community?

Keith Richerdson