RE: [gnso-vi-feb10] RE: new edit to Harms document

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

I wonder whether the existing contractual restrictions have created any
undue compliance burden for Staff.  Seems not, so it is very unclear what is
the justification for arguing that new entrants will cause more of a
compliance problem than existing market players.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com


-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Jeff Eckhaus
Sent: Monday, September 13, 2010 8:25 AM
To: Kathy Kleiman; Mike O'Connor; vertical integration wg
Subject: [gnso-vi-feb10] RE: new edit to Harms document


Kathy,

Thanks for the addition to the document and the compliance discussion. This
is a great start to the discussion , but am unsure if this qualifies as a
harm or harms resulting from VI or the opposite, from not having VI.
I am not arguing that the compliance issues may be more complex with VI and
that training of employees will be needed, but are these actual harms that
will result from VI? We can discuss on the call today, but not sure if this
is the direction we want to be heading in this document


Jeff


-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Kathy Kleiman
Sent: Sunday, September 12, 2010 12:25 PM
To: Mike O'Connor; vertical integration wg
Subject: [gnso-vi-feb10] new edit to Harms document


Hi All,
Sorry for the delay, I have added a new section on Compliance and
Enforcement to the existing Harms document. It is drawn from the compliance
and enforcement document the VI WG worked on together for the Initial
Report. Tx to Jeff E for starting this document.

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 Mike O'Connor
Sent: Friday, September 10, 2010 10:22 AM
To: vertical integration wg
Subject: [gnso-vi-feb10] call for agenda items


hi all,

this is a reminder that we tentatively set next Monday's call as the final
call to discuss new additions to the Harms list.  so if you have harms that
you'd like to see on the list, now is the time to submit them to the list or
post them to the wiki.  here's a link to the "harms" wiki page;

        https://st.icann.org/vert-integration-pdp/index.cgi?harms

another topic for the call on Monday is to discuss our approach to analyzing
the harms.  i pushed out a starter-list of questions that we could answer
about each harm.  here's the list again:

-- what are examples of the harm having happened (court cases, compliance
activity, sanctions, newspaper accounts, etc.)?

-- who was involved and how did they do it?

-- who was harmed and what was the financial and/or operational impact?

-- how long, and how often, has it happened?

-- who's proposing that it's a harm and why?

-- did this harm happen only in a vertically-integrated environment?

-- to what extent would vertical separation be an effective means to prevent
the harm in the future?

so the agenda looks like this so far...

-- discuss the list of harms and try to close it out (not super-strict, but
for purposes of moving on to analyzing them)

-- discuss how we want to approach analyzing the harms

-- make harm-analysis assignments

anything else for the agenda?

mikey


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