Re: [gnso-vi-feb10] RE: "livability"

[Alan Greenberg <alan.greenberg@xxxxxxxxx>]

At 11/06/2010 12:24 PM, Sivasubramanian M wrote:
> Dear Milton Mueller,
>
> On Fri, Jun 11, 2010 at 7:23 PM, Milton L Mueller 
> <<mailto:mueller@xxxxxxx>mueller@xxxxxxx> wrote:
> Another point (I am obviously in the process of filling out the poll)
>
> The "free trade" proposal is not really a proposal but a philosophy 
> or approach. It says that we should have a more open market and that 
> cross ownership limits are not the proper tool for counteracting 
> stated or perceived harms. I agree. In this respect, it is identical 
> to the CAM proposal. However, it does not propose any specific 
> method for preventing harms.
>
> As you have noticed and quoted in one of your later messages in this 
> thread, I have indicated some broad measures. A lot of work needs to 
> be done in identifying  harms, categorizing harms and ranking them 
> in terms of the intensity of harm to the Registrants / Internet. 
> Then the penalties can be discussed and after that it would have to 
> be explored if some or most of the harm can be contained by the 
> Domain Industry by an internal code of good practices. I don't feel 
> that it would be practical for ICANN to announce a table of harms 
> and penalties and 'discipline' the domain industry like a school 
> master. Sooner or later the Domain Industry has to work within and 
> evolve practices that are fair to one another for a start, and then 
> develop and agree on good practices that are fair to the Internet 
> and fair to ICANN and fair to the Registrants. There would be some 
> areas left out, some practices on which the Domain Industry would be 
> reluctant to restrain itself. The community can look at those areas, 
> focus on those areas and negotiate with the Industry, prescribe 
> measures to control those harms that the Industry clings to. It is a 
> lot of work, definitely not work for one person, not in such a hurry.
> Thank you for your positive remarks about the FT proposal.
The problem with this is that ICANN will not be in a position to take 
ANY action if the causes for action (ie the harms or actions that 
lead to them) and the remedies are not codified in the appropriate 
contracts. And that included the contracts with the accredited 
registrars. So it cannot be left to community discussions after-the-fact.
Alan