RE: [gnso-dow123] Draft questions

["Paul Stahura" <stahura@xxxxxxxx>]

Yes, in your example it would be hard to move the principal operations
of NeuLevel.

But, what is the definition of "principal operations"?

Using the same registry-type example, how hard would it be to move, say
PIR?

They have shopped out all their operations to another firm, so in effect
they have no operations.

Plus they can shift to another back-end operator who is at a different
location.

I'm talking about a registrar that shops out all of its "operations" to
a third party (there are many nowadays).

Regardless, these back-end operations are completely internet-based, and
interfacing to a registry 

and displaying whois information is not that complicated, so the servers
performing the "principal operations" can be moved fairly easily.

We'll see how ICANN answers, but I can picture registrars, and even
registries, moving either their place-of-incorporation or their
"operations" for competitive reasons.

 

 

________________________________

From: Neuman, Jeff [mailto:Jeff.Neuman@xxxxxxxxxx] 
Sent: Friday, March 11, 2005 11:47 AM
To: Paul Stahura; gnso-dow123@xxxxxxxxxxxxxx
Subject: RE: [gnso-dow123] Draft questions

 

It can be difficult to move a location.  In other words, it is easy to
incorporate in another location, but it is hard to move your principal
operations.  So, ICANN could use a "principal operations" test rather
than an incorporation test.  For example, NeuLevel is incorporated in
Delaware with its principle place of business is in Virginia.  Sure, in
theory, I could re-incorporate in another location, but it would be
extremely difficult for me to move my principle place of business to
another location.  

 

I will add your change to Q6.

 

Thanks.

        -----Original Message-----
        From: Paul Stahura [mailto:stahura@xxxxxxxx]
        Sent: Friday, March 11, 2005 2:29 PM
        To: Neuman, Jeff; gnso-dow123@xxxxxxxxxxxxxx
        Subject: RE: [gnso-dow123] Draft questions

        On Q6

         

        While we understand it is ICANN's position that an entity should
not enter into a contract that it believes violates its own national
laws, what happens if there is a change in national law that makes the
collection and/or display of WHOIS information illegal after the
registrar is already accredited?

         

        I'd add: What happens if the opposite happens, ie, after ICANN
and the registrar make the contract, ICANN changes their policies (which
would change the terms of the contract) which result with a conflict
with a national law somewhere?

         

        On Q7, the wording of the question makes it seem like it would
be difficult for a registrar to move its location.

         

         

         

        
________________________________


        From: owner-gnso-dow123@xxxxxxxxx
[mailto:owner-gnso-dow123@xxxxxxxxx] On Behalf Of Neuman, Jeff
        Sent: Friday, March 11, 2005 10:26 AM
        To: gnso-dow123@xxxxxxxxxxxxxx
        Subject: [gnso-dow123] Draft questions

         

        All, 

        Enclosed is a draft of the questions I would like to send based
on what has been submitted.  Please let me know if you have any
questions.  I would like to send this out in about 6 hours.

         

        Thanks. 

        Jeff 

        <<Qs for ICANN GC.doc>> 

        Jeffrey J. Neuman, Esq.
        Director, Law & Policy
        NeuStar, Inc.
        Loudoun Tech Center
        46000 Center Oak Plaza
        Building X
        Sterling, VA 20166
        p: (571) 434-5772
        f: (571) 434-5735
        e-mail: Jeff.Neuman@xxxxxxxxxx 

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