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RE: [gnso-vi-feb10] Re: cross-ownership definition

  • To: Avri Doria <avri@xxxxxxx>, "Gnso-vi-feb10@xxxxxxxxx" <Gnso-vi-feb10@xxxxxxxxx>
  • Subject: RE: [gnso-vi-feb10] Re: cross-ownership definition
  • From: Milton L Mueller <mueller@xxxxxxx>
  • Date: Sun, 7 Feb 2010 12:07:21 -0500

> -----Original Message-----
> >
> > Here I think you are getting away from definitions and into specifying
> policy.
> I don't think so.  I think trying to set what those protections should be
> would be policy and defining the methods for verification implementation.
> I think defining something as protected and verifiable is common sense and
> is inherent in the bylaws requirement of ICANN and the in compliance
> responsibilities of ICANN.

We are not trying to define ICANN's obligations under the bylays or its 
compliance responsibilities. We are trying to define what cross-ownership means 
in the context of Rec. 19. and why it is not VI.

> Determine whether the full and equal access by all registrars requirement
> on Registries needs to be protected and if so, what those protections
> should be. Also determine whether this needs to be verified by ICANN
> compliance measures. (note, i admit ignorance about the extent of
> protections and verification that may already be in place)

I think this is a much better way to go about it - the issue of whether one can 
really maintain Ry-Rr separation under cross ownership conditions is a policy 
question to be answered by the WG and not part of the definition of CO. As long 
as this "objective" is merely an elaboration of your 1a) I am in principle fine 
with it, although if I have time I will sharpen up the language a bit. 

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