Re: [gnso-vi-feb10] Neustar Concerns with Afilias Proposals

["Michele Neylon :: Blacknight" <michele@xxxxxxxxxxxxx>]

I'd be very supportive of Jeff's points 

Others have spoken in support of his points much more eloquently than I could 
manage, so I won't labour the point


On 4 Jun 2010, at 19:01, Neuman, Jeff wrote:

> All,
>  
> I just wanted to go on the record with Neustar’s concerns over a strict 
> interpretation of the “Afilias/PIR/Go-Daddy/Some ALAC members” proposal.  As 
> you know from the beginning, Neustar has opposed the complete vertical 
> integration of registries and registrars because of all of the harms to 
> registrants that have been previously expressed in letters we have helped 
> co-author as well as the damaging effect on ensuring a level-competitive 
> playing field amongst registries, registrars, back-end operators, etc.  
> However, our concerns have been confined to the vertical 
> integration/cross-ownership within a TLD as opposed to a general notion of 
> cross ownership.  What I mean is that we have never supported the notion that 
> a registry or back-end registry operator could not distribute domain names in 
> a TLD for which it was not the registry or back-end operator.  This is not 
> necessarily because Neustar wants to be a registrar, reseller or distributor 
> for .com, .net or any new TLDs, but rather that we do not see any 
> justification or any potential harms that would occur cross TLDs.  In fact, 
> we believe that Afilias’ proposal would have the effect of preventing any 
> existing registrar or reseller from becoming a registry or back-end operator 
> in any TLD even if they agree not to distribute names in that TLD.
>  
> To us, that is by definition anti-competitive and would unnecessarily 
> restrict new entrants into the registry/back-end registry service provider 
> market without any justification.  Similarly, it would restrict new entrants 
> into the registrar market as well simply because they serve as a registry in 
> a separate TLD.    Preventing a Demand Media, Network Solutions, GoDaddy, 
> Tucows, GMO or any registrar from being in the registry business completely 
> is not what Neustar had in mind and is not something we can or should get 
> behind.  Similarly, preventing an existing or future registry/registry 
> service provider from becoming a registrar or reseller in other TLDs is not 
> what we have advocated.  
>  
> To summarize, I do believe strongly in strict limits to vertical integration 
> and cross ownership within a TLD and believe that without such limits and 
> protections, consumers and registrants will be harmed.  I know there are 
> others that dispute that and that is something we will work in the long term. 
>  But we have not seen any evidence of potential harms cross TLDs nor have we 
> heard a justification for it.  I prefer the JN2 Proposal because it 
> contemplates this scenario.  The only way we could support another proposal 
> like the Afilias one, is to address the cross TLD issue.
>  
> P.S. – we know the ICANN proposal is similar to the Afilias one in this 
> respect and therefore will probably be making the same comments to the DAG.
>  
> Jeffrey J. Neuman 
> Neustar, Inc. / Vice President, Law & Policy
> 46000 Center Oak Plaza Sterling, VA 20166
> Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax: +1.703.738.7965 / 
> jeff.neuman@xxxxxxxxxxx  / www.neustar.biz     
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>  

Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Brand Protection
ICANN Accredited Registrar
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