[gnso-vi-feb10] It's Late, but Just for the Record

["Berry Cobb" <berrycobb@xxxxxxxxxxxxxxxxxxx>]

VI DT,

 

I understand this posting is late, and the BC does not have an expectation
that an update be made to the proposed Charter.  However, I did want to
ensure this was posted for the record.

 

Steve DelBianco sent this suggestion yesterday and I failed to see it in my
inbox..

 

_____________________________

 

I wanted to offer an idea that I offered at ICANN's Washington DC meeting on
vertical integration.   I had used a Bonnie & Clyde analogy to suggest that
we ought to be more concerned with conduct than with structure.  (the police
were going after Bonnie & Clyde because they were robbing banks, and it
didn't matter so much whether they were married, living together, or
vertically integrated)

The ICANN community can proscribe conduct and practices by adopting a new
consensus policy that fits with the 'picket fence'.   See
http://www.icann.org/en/general/consensus-policies.htm

This applies to all existing and new registry contracts and registrar
accreditation agreements.   ( That's how we eliminated domain tasting via
the add grace period. )  Thing is, there's usually disagreement about what
practices fall within the picket fence (
http://www.icann.org/en/topics/new-gtlds/draft-consensus-spec-24oct08-en.pdf
)

To that end, I suggest that the PDP also identify which of the restrictions
and practices it identifies are within the picket fence and therefore
subject to consensus policies - no matter what kind of structural
integration/separation is permitted. 

You could add a sentence to Objective 2 as follows:

Objective 2: To review current and previous ICANN gTLD registry contracts
and policies to identify the current and previous restrictions and practices
concerning registry-registrar separation and equivalent access and
non-discriminatory access in place.  [This review should include an
assessment of whether each restriction and practice would be properly within
scope of Consensus Policies that may be imposed upon existing registry
contracts and registrar agreements. ]

_____________________________

 

 

Thank you.  B

 

 

Berry A. Cobb

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