RE: [gnso-dow123] National variation among Registrars = fair competition and consumer choice

[Tim Ruiz <tim@xxxxxxxxxxx>]

<div>So then, why have ICANN accreditation or an RAA at all?
Or&nbsp;perhaps that's you goal? Was it better when COM/NET/ORG were
controlled by a single monopoly? Has nothing improved? And what about
the growing&nbsp;ccTLD registrar opportunities you seem to want to
ignore? Don't they provide choice?<BR><BR>Tim</div>
<div>&nbsp;</div>
<BLOCKQUOTE style="PADDING-LEFT: 8px; MARGIN-LEFT: 8px; BORDER-LEFT:
blue 2px solid"><BR>-------- Original Message --------<BR>Subject:
[gnso-dow123] National variation among Registrars = fair<BR>competition
and consumer choice<BR>From: "Milton Mueller"
&lt;Mueller@xxxxxxx&gt;<BR>Date: Sun, March 13, 2005 4:00 pm<BR>To:
stahura@xxxxxxxx, ross@xxxxxxxxxx<BR>Cc:
gnso-dow123@xxxxxxxxxxxxxx<BR><BR>This discussion of forum shopping is
interesting, but is really a policy<BR>discussion and has little to do
with preparation for Tuesday's call. <BR><BR>With that in mind I have
changed the heading and offer this comment. <BR><BR>I note that the
concern with keeping the playing field "level" for<BR>suppliers comes
only from American registrars and it comes AT THE<BR>EXPENSE of the
consumer. (You know, the folks who are not represented<BR>anywhere in
GNSO.) You are, in effect, admitting that consumers would<BR>prefer a
registrar in which their privacy rights are respected, and you<BR>are
trying to prevent the system from making that choice
available<BR>because you fear the effect of the choices.
Shame.<BR><BR>Second, this argument can be turned around on you. From
the perspective<BR>of a European or Asian, ICANN's requirement that
registrars violate<BR>local privacy law may make it impossible for
business in those countries<BR>to be accredited as registrars and thus
limit competition in this<BR>market. In other words, it's perfectly
possible to argue that YOU guys<BR>are the ones tilting the playing
field, not our little attempt to carve<BR>out some room for compliance.
Take a look at how the gTLD registrar<BR>market is divided up among the
world regions right now. What story does<BR>the market share tell? If
market share did shift a bit in response to<BR>such a change, would it
be "unfair" or "more fair?"<BR><BR>Third, there are many ways, aside
from Whois data, in which a<BR>business's jurisdiction may handicap or
benefit a competitor. Tax rates,<BR>for example, or other forms of
national regulation regarding labor<BR>practices, technology, etc.
Shall we have ICANN level all those<BR>conditions? OK, let's have the
RAA dictate the tax rate a locality can<BR>charge registrars, and if it
doesn't comply, let's refuse to accredit<BR>any registrars in that
jurisdiction. Don't like that idea? Why not? What<BR>makes whois data
any different? <BR><BR>Finally, I would note (for those of you who
haven't noticed) that<BR>ICANN's globalized model of contractual
governance is under subtantial<BR>international pressure right now,
from WSIS, etc. A short-sighted, "I'm<BR>going to oppose anything that
might possibly affect my bottom line<BR>adversely in the slightest way"
approach to the problem may not be the<BR>appropriate response for
registrars to take right now. In other words,<BR>if you make it all or
nothing, you may end up with nothing. <BR><BR>Have a nice
day....<BR><BR>Dr. Milton Mueller<BR>Syracuse University School of
Information
Studies<BR>http://www.digital-convergence.org<BR>http://www.internetgovernance.org<BR><BR><BR>&gt;&gt;&gt;
"Paul Stahura" &lt;stahura@xxxxxxxx&gt; 3/11/2005 5:34:43 PM
&gt;&gt;&gt;<BR>Exactly.<BR>If you make a policy under the premise that
registrar's can't move,<BR>and<BR>then it turns out they can, then you'd
have inadvertently created<BR>forum<BR>shopping opportunity.
<BR><BR>-----Original Message-----<BR>From: Ross Rader
[mailto:ross@xxxxxxxxxx] <BR>Sent: Friday, March 11, 2005 2:29
PM<BR>To: Paul Stahura<BR>Cc: Neuman, Jeff; gnso-dow123@xxxxxxxxxxxxxx
<BR>Subject: Re: [gnso-dow123] Draft questions<BR><BR>Paul Stahura
wrote:<BR><BR>&gt; We'll see how ICANN answers, but I can picture
registrars, and even<BR>&gt; registries, moving either their
place-of-incorporation or their<BR>&gt; "operations" for competitive
reasons.<BR><BR>Which is why it doesn't make sense to create policies
that encourage <BR>forum shopping.<BR><BR>Compliance with the RAA
shouldn't be a point of competitive<BR>differentiation.<BR>--
<BR><BR><BR><BR><BR><BR>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; -rwr<BR><BR><BR><BR>Contact info:
http://www.blogware.com/profiles/ross <BR>Skydasher: A great way to
start your day<BR>My weblog: http://www.byte.org </BLOCKQUOTE>