Re: [gnso-vi-feb10] New Proposal & ccTLDs

[Jean Christophe VIGNES <jcvignes@xxxxxxxxxxx>]

Dear Ron,

Your assumptions are not incorrect (although DENIC for one would be sad to
be qualifiied as Government or Academic in this day and age) but I fail to
see your point??

The fact is that some ccTLDs do act as Registrars, have done so for years
and, in some cases, are doing it again after having abandoned the idea
(.CH)... To no harm to the market, the users or the Registrars who are in
this case competing with them.

So the main question I believe Volker is asking is why do we keep hearing
that Integration would be tentamount to World War 3 while it works really
well in cc-land (irrespective of their corporate structure which seems
pretty beside the point)

JC

Le 22/06/10 12:55, « Ron Andruff » <randruff@xxxxxxxxxxxxxxx> a écrit :

>
> Volker,
>
> Often is has been noted that ccTLDs operate without consumer harm, but
> (while I don't know this as fact and welcome others to confirm or clarify)
> it appears to me that most ccTLDs have significant government oversight or
> are run by governments, academic institutions or not-for-profits.  I am
> aware that some smaller nations have outsourced and contracted operations to
> commercial entities, but the larger measure is as noted above.  If I am
> correct in my understanding, it is understandable that there has been less
> harm in that group of TLD operators and thus the argument about ccTLDs is,
> in fact, not a supporting one for VI.
>
> If I am incorrect, I welcome corrections to my understanding.
>
> Thanks,
>
> RA
>
> Ronald N. Andruff
> RNA Partners, Inc.
>
>
> -----Original Message-----
> From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
> On Behalf Of Volker Greimann
> Sent: Tuesday, June 22, 2010 6:27 AM
> To: Jeff Eckhaus
> Cc: Gnso-vi-feb10@xxxxxxxxx
> Subject: Re: [gnso-vi-feb10] New Proposal
>
>
> While this proposal may be a step in the right direction, especially
> when considering the new additions for RSPs, I see it lacking in many
> respects. The blind focus of the 15% limit as a fix-all without
> addressing any of the perceived harms should be seen as what it is:
> simple protectionism of the interests of current providers by keeping
> registrars from the registry market.
>
> I therefore propose to reintroduce the most crucial exception of the JN2
> proposal: allowing Registrars to act as Registries provided they agree
> not to sell or resell their own TLD, especially in the case of community
> TDs. Please bear in mind that many ccTLDs operate successfully and
> without consumer harm selling their own TLDs, so we registrars are
> already making a huge concession here, in fact this is the line I will
> not be able go beyond.
>
> Please also define the term structural seperation. Will it require
> seperate executive staff, support staff, or seperation of system? Any
> such seperation will drive up the price of operations. While I agree
> that financial seperation makes absolute sense, I do not see this for
> structural seperation of it means what I think it does.
>
> It is lacking a policy review procedure, which is needed to ease up the
> requirements in the light of experience.
>
>
>
> Volker
>> One question -  does this proposal restrict a Registrar  from
> participating in the gTLD round as an applicant?
>>
>>
>> Thanks
>>
>> Jeff
>>
>>
>> -----Original Message-----
>> From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
> On Behalf Of Jon Nevett
>> Sent: Tuesday, June 22, 2010 11:57 AM
>> To: Gnso-vi-feb10@xxxxxxxxx
>> Subject: [gnso-vi-feb10] New Proposal
>>
>>
>> VI WG Colleagues:
>>
>> Here is a very high level proposal that is coming out of our subgroup
> conversations (not every member of the subgroup supports)
>>
>> We are looking for a catchy name -- any ideas?  (nothing offensive Milton)
>>
>>
>> New Proposal
>>
>> **15% restriction going both ways, including resellers and Registry
> Service Providers (Back-end technical service providers) regardless of TLD
> -- taken from RACK
>>
>> **Exception for Single Registrant Single User for corporate use only --
> (sub group believed that exception was not necessary as registry schedule of
> reserved names already provides for this, but good to have in contract for
> clarity) -- mostly taken from JN2
>>
>> **Exception for back-end (RSP) IF a) RSP doesn't control registry or its
> policy, pricing and registrar selection; b) there is structural separation
> between RSP function and affiliated registrar function; AND c) RSP has
> direct contract with ICANN requiring data
> security/confidentiality/structural separation with graduated sanctions
> including de-accreditation for any violations -- new idea
>>
>> **Use of registrars required; registry may select based on objective
> criteria; Non Discrimination & Equal Access for registrars selected -- taken
> from JN2
>>
>> **Group continues work on Single Registrant Multiple User and
> Community/Orphan exceptions -- not necessary to be in place at time of final
> AG
>>
>>
>> Looking forward to discussing on Thursday.
>>
>> Thanks!
>>
>> Jon
>>
>>
>
>
> --
>
> Fur Ruckfragen stehen wir Ihnen gerne zur Verfugung.
>
> Mit freundlichen Grusen,
>
> Volker A. Greimann
> - Rechtsabteilung -
>
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______________________
Jean-Christophe Vignes

Executive Vice-President & General Counsel
DCL Group
2, rue Léon Laval
L-3372 Leudelange

Tel.:  +352  20 200 123
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