RE: [gnso-vi-feb10] Re: Proposed Agenda Item (was RE: Draft agenda for the VI WG call next week)

[Jeff Eckhaus <eckhaus@xxxxxxxxxxxxxxx>]

I agree with Jeff and others that this resolution is not clear and is open to 
interpretation. The statement says "entities offering registry services", it 
does not mention the word domain registry services. Does it mean that Macys 
cannot apply because they offer a wedding registry? What about a state that 
runs an organ donor registry? 

I know these examples are extreme but show the point that this resolution could 
be argued to encompass a lot more than people have thought. 

My question then is if the Board prepared this resolution, will Staff be able 
to provide clarity? Wouldn't it be the Board that would need to provide the 
clarity? Has the Board ever provided clarity on a resolution? 

Jeff




-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx] On 
Behalf Of Richard Tindal
Sent: Thursday, March 18, 2010 1:23 PM
To: Neuman, Jeff
Cc: icann@xxxxxxxxxxxxxx; Gnso-vi-feb10@xxxxxxxxx
Subject: [gnso-vi-feb10] Re: Proposed Agenda Item (was RE: Draft agenda for the 
VI WG call next week)


I agree we should ask for clarity on the Resolution.

My expectation is that it was very carefully worded by Staff/ Board who have 
spent over a year understanding this issue - and are now quite expert in it.

  -   When they said  'entities offering registry services' I expect they mean 
exactly that -- front-end and back end. 

  -   If they had intended restrictions to apply only to the TLD in question I 
believe they would have said so.

  -   If they had meant 'control' instead of 'ownership' I think they would 
have said so.

  -   I think the word 'no' means zero -- as opposed to some percentage

I believe the Board has set a baseline that consciously eliminates any form or 
cross ownership / vertical integration in new TLDs (and the potential harms 
that might come from vertical integration).   

The resolution says that going forward there will only be pure registries and 
pure registrars  ---  but let's certainly ask for clarity.

RT


On Mar 18, 2010, at 4:01 PM, Neuman, Jeff wrote:

> Richard,
> 
> I am not sure the Board's resolution is as clear cut as you are making it 
> sound.  I have a number of questions about the Board resolution as I am sure 
> a number of people in the group have.  Therefore, I would propose an action 
> item of the group to draft a list of questions for the staff/Board on the 
> resolution.  The questions would not be about the rationale, but more to have 
> clarity on the meaning.
> 
> For example:
> 
> 1. the resolution uses words like "entities offering registry services" - Is 
> that meant to cover just front end registries, or back-end as well.
> 2.  "...strict separation of entities offering registry services and those as 
> registrars" - Is that with respect to just the TLD in which the registrar may 
> serve as a registry or does that mean if you are a registry for one TLD, you 
> cannot be a registrar with respect to any other TLD?
> 3.  The resolution uses the term "NO cross ownership will be allowed."  Is 
> this just in terms of legal ownership, or in terms of control.  For example, 
> what about integration by contract?
> 4.  When you say "no cross ownership" does that mean not even a de minimum 
> amount (i.e., 1 share in a public company)?
> 
> These are just a few questions that came to mind.  I am sure there are 
> others.  I would be happy to compile the list or have staff do it, but I 
> think this will be important in understanding our options, but also the 
> default position.
> 
> If we do not do this, staff will be left on their own to decide their 
> interpretation without any guidance.  I believe guidance is key here so we 
> know what we are dealing with.
> 
> Thoughts?
> 
> Jeffrey J. Neuman 
> Neustar, Inc. / Vice President, Law & Policy
> 
> 
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> -----Original Message-----
> From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx] On 
> Behalf Of Richard Tindal
> Sent: Thursday, March 18, 2010 1:49 PM
> To: icann@xxxxxxxxxxxxxx
> Cc: Gnso-vi-feb10@xxxxxxxxx
> Subject: Re: [gnso-vi-feb10] Re: Draft agenda for the VI WG call next week
> 
> 
> Mike/ All,
> 
> Unless I'm misreading it,  the DAG does not set forth a policy on Vertical 
> Integration.   It spells out four options,  from fully 'open' (absent market 
> power) at one end to fully 'restricted' at the other.   Between these 
> bookends the DAG has 2 'intermediate' cases  (we could probably come up with 
> another dozen intermediate scenarios if we wanted to).      I don't think the 
> DAG takes a position on any of the four options - hence I don't think the DAG 
> expounds a policy.   
> 
> On the other hand, the Board has.    The Nairobi Board resolution chose the 
> 'fully restricted' option as the new baseline.  Unless the PDP recommends an 
> approach the Board finds more suitable,  the DAG will presumably be changed 
> to reflect zero co-ownership  (which would mean zero vertical integration).
> 
> Richard
> 
> 
> 
> On Mar 18, 2010, at 1:16 PM, Mike Rodenbaugh wrote:
> 
>> 
>> A key first step is for Staff to compile a list of all the materials that
>> they have used or acquired thus far in developing the policy they set forth
>> in the last DAG.  This includes the antitrust experts' reports and all
>> supporting documentation and evidence, any Staff reports on the issue (to
>> the Board or otherwise), any prior RSTEP requests or Registry Agreement
>> renegotiation materials leading to the change in some registry agreements
>> from the com/net/org model, etc. etc.
>> 
>> I assume the group is unanimous in wanting these materials, and the Council
>> specifically requested all background materials from Staff for consideration
>> by the WG.  So if Staff could provide an estimate as to when they will be
>> produced, that also can inform the early work schedule of the WG.
>> 
>> Mike Rodenbaugh
>> RODENBAUGH LAW
>> tel/fax:  +1 (415) 738-8087
>> http://rodenbaugh.com 
>> 
>> 
>> -----Original Message-----
>> From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
>> On Behalf Of Stéphane Van Gelder
>> Sent: Thursday, March 18, 2010 10:04 AM
>> To: Gnso-vi-feb10@xxxxxxxxx
>> Subject: [gnso-vi-feb10] Re: Draft agenda for the VI WG call next week
>> 
>> 
>> Dear WG members,
>> 
>> Margie has asked that a couple of agenda items be added:
>> 
>> 1.   Initiating a Public Comment Forum--- per the Bylaws, we are required
>> to initiate a public comment period when we initiate a PDP.  In other PDPs
>> we often use that opportunity to solicit input on specific issues-  so the
>> working group might want to determine what information it might want to seek
>> during the initial public comment forum.
>> 
>> 2.   Scheduling Staff support-   at our GNSO wrap up meeting, Tim Ruiz
>> requested an antitrust briefing at the commencement of the process.  Do we
>> want that at the first meeting, or at the second meeting?  Also, would other
>> briefings be appropriate, such as having Staff brief the working group on
>> the latest documents released during Nairobi on Vertical Integration?
>> 
>> Stéphane
>> 
>> Le 18 mars 2010 à 16:46, Stéphane Van Gelder a écrit :
>> 
>>> Dear VI WG members,
>>> 
>>> Please find below my draft agenda for the meeting we will soon schedule
>> for next week.
>>> 
>>> This must still be seen as a preliminary meeting, where a number of
>> housekeeping tasks are to be performed, not least choosing a Chair.
>>> 
>>> For simplicity's sake, I would suggest the group elect its Chair by a
>> simple voice vote during the call, but if others feel that is too rough a
>> procedure, I would naturally welcome other proposals.
>>> 
>>> In order to get that process rolling, may I suggest that any nomination
>> for Chair be made without delay, and that we set a deadline for these
>> nominations at the day before our conference call is scheduled, so that all
>> WG members have had a chance to consider the potential candidates? 
>>> 
>>> Please also note the agenda item on limited the number of participants on
>> the WG. As things stand, the GNSO secretariat has received over 50 requests
>> from volunteers. I am of the opinion that beyond 20 members, any WG becomes
>> too large to manage. Considering that the Nairobi Board resolution has
>> placed this WG in the spotlight with regards to coming up with a policy on
>> VI sooner rather than later, my advice to the group would be to voluntarily
>> limit its breadth to maintain efficiency. I suggest a method of doing that
>> in the agenda, but once again other suggestions are welcome.
>>> 
>>> One last point, I hope there will be time on the call to consider Obj 5.
>> As a reminder, the Council has asked to WG to come back with either a final
>> Obj 5 or 2 possibles for that Obj by its next meeting. This means that
>> ideally, the WG would need to put something forward by March 24.
>>> 
>>> Please let me know directly if you have other agenda items you wish to see
>> included.
>>> 
>>> Thanks,
>>> 
>>> Stéphane
>>> 
>>> Agenda for VI WG call on March XX, 2010
>>> 
>>> 1. Roll call
>>> 2. Election of WG Chair.
>>>     2.1. Review of nominations for Chair.
>>>     2.2. Do nominated candidates accept their nominations?
>>>     2.3. Q&A with the WG.
>>>     2.4. Chair election by voice vote.
>>> 3. WG participation.
>>>     3.1. Discussion, should WG participation be limited?
>>>     3.2. If WG wishes to limit participation to a set number, how could
>> this be done? (One suggestion, limit to 2 participants per GNSO group, then
>> 2 participant per other SO or AC).
>>>     3.3. If method of participation limitation agreed on, call for WG
>> members to go back to their respective groups and get the names of their
>> definitive participants.
>>> 4. Frequency of WG calls (weekly, other?).
>>> 5. Objective 5.
>>> 6. AOB.
>>> 
>>> Stéphane
>>>     
>> 
>> 
>> 
> 
>