We strongly disapprove of Afilias' proposed .info registry agreement

["Prophet Partners Inc." <Domains@xxxxxxxxxxxxxxxxxxx>]

August 28, 2006

 

We are deeply concerned that ICANN is seriously considering the approval of 
Afilias' proposed .info registry agreement, as well as the proposed registry 
agreements by NeuStar for .biz and Public Interest Registry for .org. We 
believe that all three proposals contain powerful and dangerous clauses that 
are both anti-competitive and a stability or security threat to the DNS. 
Approval of these proposed registry agreements would also create a dangerous 
precedent for Verisign to demand equal or greater concessions from ICANN during 
future contract negotiations for the .com and .net gTLD's.

 

We strongly disapprove of the presumptive renewal clause in the proposed .info 
registry agreement that would provide Afilias with essentially a perpetual 
monopoly over the .info gTLD for an infinite period of time. We believe that 
the presumptive renewal clause is too lenient as it permits Afilias to make 
repeated material breaches of the contract before facing any consequences. It 
only takes one material breach to threaten the stability and security of the 
DNS. It is our belief that approval of the presumptive renewal clause will 
remove any incentive for Afilias to EARN THE RIGHT to be the ICANN designated 
.info registry. This would likely cause Afilias to become negligent in their 
registry duties, and as a result diminish the stability or security of the DNS. 
The only way to ensure that this potentially catastrophic situation does not 
occur is to (1) limit the length of the .info registry agreement and (2) 
establish an independently evaluated competitive bidding process among Afilias 
and other qualified registry operators when the .info registry agreement is up 
for renewal.

 

We also strongly disapprove of the clause in the proposed .info registry 
agreement that removes all price controls imposed on Afilias' pricing of 
registry services. Furthermore, six months advance notice by Afilias of price 
increases is simply inadequate and offers next to no protection for domain 
registrants. Without knowing a ballpark figure for the amount of future price 
increases by Afilias, it is impossible for domain registrants to prepare. With 
the prospect that Afilias may raise prices by 100%, 1,000%, 10,000% or more, 
many domain registrants will likely be ill prepared for such price increases. 
To illustrate such a disaster scenario, think about New Orleans and Hurricane 
Katrina, when hundreds of thousands of people were given short notice to 
evacuate and leave their homes. It is inconceivable that ICANN would consider 
granting Afilias with omnipotent powers over pricing and a perpetual monopoly 
over the .info gTLD. Lord Acton warned that "Power corrupts and absolute power 
corrupts absolutely." World history has proven this repeatedly. The founding 
fathers of the United States recognized the dangers of concentrated power and 
created the three branches of government, executive, legislative and judicial 
to keep power in check. The checks and balances of the U.S. political system 
are the reasons why we are the most economically powerful country in the world. 
Figuratively, this proposed .info registry agreement would essentially greatly 
increase Afilias' executive and legislative powers, while greatly reducing 
ICANN's judicial powers.

 

ICANN is a non-profit corporation that was specifically created to protect the 
interests of the public. In our opinion, it would be a gross dereliction of 
duty, if ICANN's Board of Directors approved Afilias' proposed .info registry 
agreement. If the ICANN Board of Directors fails to see the dangers of the 
proposed .info registry agreement, we kindly ask each of you to individually 
provide us with a complete list of your bank and brokerage accounts and sign 
over a full power of attorney granting us with full legal powers over your 
personal and business affairs. These powers of attorney would of course be 
subject to presumptive renewal provided we did not make repeated material 
breaches of our agreements.

 

In conclusion, we recommend that ICANN reject Afilias' proposed .info registry 
agreement in its entirety.

 

Sincerely,

Prophet Partners Inc.

www.ProphetPartners.com