RE: [gnso-vi-feb10] Group on documenting "harms"

[Jeff Eckhaus <eckhaus@xxxxxxxxxxxxxxx>]

Eric -  Could you please point out where Staff have represented that the tools 
of separation or of contract credibly address "harms" or have they even stated 
what those harms would be. I have never seen this and would like to see where 
Staff has mentioned it.

The only mention that I have heard from ICANN on why they put separation in to 
place was from the Nairobi resolution where they were worried about letting the 
genie out of the bottle, which to me is not a listing of actual issues, but the 
use of a pretty lame idiom



-----Original Message-----
From: Eric Brunner-Williams [mailto:ebw@xxxxxxxxxxxxxxxxxxxx]
Sent: Monday, July 26, 2010 12:07 PM
To: Jeff Eckhaus
Cc: 'Gnso-vi-feb10@xxxxxxxxx'
Subject: Re: [gnso-vi-feb10] Group on documenting "harms"

I repeat what I wrote in reply to the harms discussion earlier.

A single, unilaterally amendable contract and complete structural separation 
are the tools Staff and the Board selected to address harms.

Do they have a duty to use the tools others prefer?

Mileage varies.

Are their choices of tools ineffective?

Again, mileage varies.

Is their choice of tools unnecessary because they did not enumerate specific 
harms?

That too seems to be a matter of opinion.

A "harms" group that rejects ab initio the choice, utility or necessity of 
either or both of these tools can't be any more useful than the "economists" 
who offered data invariant conclusions.

I'm not a fan of the single contract, and especially not the single 
unilaterally amendable contract, or the Zero or Two Percent solutions.
I sincerely hope that the "harms" sub-group will not ignore the numerous 
representations by Staff that one, or both, of these tools credibly address 
credible probabilities of actual harm.

Eric

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