RE: [gnso-vi-feb10] Harms Project Draft - Registrant Harms

[Jeff Eckhaus <eckhaus@xxxxxxxxxxxxxxx>]

Thanks. Will add to the list and please keep sending to me

-----Original Message-----
From: Tim Ruiz [mailto:tim@xxxxxxxxxxx]
Sent: Monday, August 02, 2010 1:19 PM
To: Jeff Eckhaus
Cc: Kathy Kleiman; Gnso-vi-feb10@xxxxxxxxx
Subject: RE: [gnso-vi-feb10] Harms Project Draft - Registrant Harms

Jeff,

These are the harms that I believe are likely:

Higher prices - Each gTLD is a monopoly of that name space, competition within 
that name space has been provided by registrars. Allowing a gTLD to vertically 
integrate, operate both the TLD and the channel, relieves pressure on the gTLD 
operator to keep prices low that typically come from competing registrars.

Lower level of stability, security, and service for the same reasons noted 
above.

Creation of complex structures and relationships will be difficult or 
impossible to enforce. ICANN will have several new compliance issues to deal 
with regarding dozens and likely hundreds of new gTLDs - IPv6, DNSSEC, new IP 
protection mechanisms/tools, and possibly other new rules regarding malicious 
conduct. Compliance is not merely a matter of money, there is a practical limit 
to what ICANN the organization or community can optimally keep up with.

100% vertical integration - or anything goes - negates the justification for 
registrar accreditation and for consensus policy. Only minimal technical 
requirements on DNS provisioning and resolution services would be needed.

Lack of innovation - vertical integration or high levels of co-ownership only 
further entrench the incumbent registries and registrars, leaving little 
incentive for new service providers (back end, registrars, etc.) to be created.

Note that this is not a comprehensive list of the harms I believe are likely.

Tim

-------- Original Message --------
Subject: RE: [gnso-vi-feb10] Harms Project Draft - Registrant Harms
From: Jeff Eckhaus <eckhaus@xxxxxxxxxxxxxxx>
Date: Mon, August 02, 2010 1:56 pm
To: Kathy Kleiman <kKleiman@xxxxxxx>, "Gnso-vi-feb10@xxxxxxxxx"
<Gnso-vi-feb10@xxxxxxxxx>


Kathy ,

Thanks for adding to the list, would be great if you could add some explanation 
on how these harms are a result of allowing VI or CO.

-----Original Message-----
From: Kathy Kleiman [mailto:kKleiman@xxxxxxx]
Sent: Monday, August 02, 2010 11:49 AM
To: Jeff Eckhaus; Gnso-vi-feb10@xxxxxxxxx
Subject: RE: [gnso-vi-feb10] Harms Project Draft - Registrant Harms

Hi All,
I appreciate Jeff E. taking the first crack at this difficult issue. I am still 
reviewing his Summary of Harms, but wanted to note that one category seems to 
be missing - and "Registrant Harms/Consumer Protections." I realize that these 
issue may be implicit in other points, but I think we should definitely make 
them explicit.

As a first stab under "Registrant Harms/Consumer Protections" I would
include:
- Reduced choice, access and availability of domain names
- Higher prices for domain names
- Reduced access to registrars (who might operate in registrants'
language, currency and customs)
- No clear avenue for compliance enforcement by those who are concerned about 
violations

Best,

Kathy Kleiman
Director of Policy
.ORG The Public Interest Registry
Direct: +1 703 889-5756 Mobile: +1 703 371-6846

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-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx
[mailto:owner-gnso-vi-feb10@xxxxxxxxx] On Behalf Of Jeff Eckhaus
Sent: Friday, July 30, 2010 2:02 PM
To: 'Gnso-vi-feb10@xxxxxxxxx'
Subject: [gnso-vi-feb10] Harms Project Draft

All,

I have made my first pass at drafting the harms that have been mentioned, 
discussed, presented, whispered since the beginning of the VI discussions a few 
years ago. I believe I have captured most of the harms but this list is not 
final or complete, just a draft and a start. I have used ICANN presentations, 
DAG comments, and other GNSO lists as well as one on one discussion. I have 
copied some of the main sources of the harms list in the document itself and 
have the links if anybody cares to read the complete source documents.

I specifically did not mention market power or list harms that are exclusive to 
market power, but that was just a choice I made, if others want to add on to 
the list, please feel free, remember this is brainstorming mode.

The one harm I did specifically leave out is the strategy of auctions of 
premium names or the initial holding back of reserved names. The decision to 
hold back premium names and auctions is an action by the Registry will occur 
regardless of VI/CO and is not a consequence or result of VI/CO. You can read 
the recent TLD strategy put out by Afilias (RACK supporter) here where they say 
this is an important strategy in launching your TLD.
http://www.circleid.com/posts/new_tld_application_tip_launch_strategies/


If someone feels there is some way an auction can be influenced or altered due 
to VI then please add that to the list, since that could be a potential harm.

That being said, I would like to reiterate that this is brainstorming on the 
harms and would like you to add to this list, if necessary, but please no 
deletions. Once complete we can work on editing, ranking, sorting, predicting 
and deciding if these are harms at all, harms related to Vertical Integration, 
only in your own TLD and whatever other mechanisms we choose.

Have great weekend everyone


Jeff Eckhaus




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