Comments re. .net selection procedures

[Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx]]

Karen,

Here are VeriSign's comments in response to ICANN's request for comments
regarding the Draft Procedure for Designating Subsequent .net Registry
Operator:

Comments to Draft Procedure for Designating Subsequent .net Registry
Operator posted June 2, 2004 ("Draft Procedure").

VeriSign objects to the Draft Procedure for designating a subsequent .net
Registry Operator, as posted by ICANN on June 2, 2004, on the grounds that
it does not comply with the procedural or substantive requirements of the
existing .net Registry Agreement, the Memorandum of Understanding between
ICANN and the Department of Commerce, or the Bylaws of ICANN, including by
reason of the procedural and substantive deficiencies set forth in
VeriSign's comments in response to the GNSO .net sub committee's request for
comments sent on June 18, 2004.  Among other things, the Draft Procedure
consists largely of an untimely notice listing certain criteria that will be
explored over the upcoming months and does not give timely or fair notice of
appropriate criteria for selecting a successor operator.  Furthermore, ICANN
should act immediately to correct and remedy the deficiencies set forth in
VeriSign's June 18 submission.

The actual procedure due on June 30, 2004 should be substantive and comply
fully with applicable requirements, including the current .net Registry
Agreement.  It should, for example, contain the actual selection criteria
and the procedure by which those criteria are to be evaluated.  The Draft
Procedure fails to do any of this.  Moreover, the lack of procedural detail
and substantive requirements in the Draft Procedure mean, among other
things, that the process will lack proper transparency and accountability.
VeriSign believes that anything less than the true "adoption of an open and
transparent procedure for designating a successor Registry Operator"  is a
material violation of applicable requirements on ICANN, including as set
forth in the current .net Registry Agreement.


Further, the Background in the Draft Procedure contains factual
inaccuracies, including (without limitation) the following: (1) the Rome
March 6, 2004 resolution by the Board did not properly authorize the
President of ICANN to take steps to initiate the process specified in
Section 5.2 of the .Net Registry Agreement; (2) By issuing the "formal
request for guidance" to the GNSO, ICANN has not taken the appropriate steps
to present and adopt a procedure under which a subsequent .net Registry
Operator will be selected; and (3) The GNSO subcommittee did not properly
develop a report on the formal request for guidance.  

Chuck Gomes
VeriSign Com Net Registry