Opposed to .jobs plan of "phased allocation"
- To: jobs-phased-allocation@xxxxxxxxx
- Subject: Opposed to .jobs plan of "phased allocation"
- From: George Kirikos <gkirikos@xxxxxxxxx>
- Date: Tue, 15 Jun 2010 13:33:20 -0700 (PDT)
We oppose the plan. We support the position of Ted Daywalt discussed at:
If ICANN were to approve this proposal, it would be encouraging moral hazard
for registry operators.
Registry operators (and TLD applicants in general) can promise the world to
ICANN and to the public. When their business plans inevitably fail, they come
to ICANN seeking unilateral changes, at no cost to themselves. In other words,
instead of being allowed to "fail" (i.e. re-tender/redelegate the TLD to
another operator), they can seek a bailout from ICANN. This not only affects
that single registry/TLD, but other TLDs via the "equitable treatment" clauses
of the various agreements, a domino effect that causes unintended consequences.
It makes a mockery of the initial contractual negotiations and processes, as
registry operators are able to make promises that they have no intention of
ever keeping to ICANN and to the public, obtain the TLD, and then renegotiate
later to get what they *really* want.
In short, this plan should be rejected. The registry operator should be allowed
to fail, or be re-bid to another party willing to fulfill the terms of the
By ICANN accepting this proposal (and other proposals like the .asia fee
reductions, etc.), they are telling the world that every registry operator is
"too big to fail." That should ring alarm bells amongst the true folks in
charge (DOC/NTIA/DOJ), as it's a sign that ICANN is not doing its job properly,
and is increasing the systemic risk in the DNS by propping up (indeed
subsidizing) weak registry operators at the expense of the public interest.
This is proof that "presumptive renewal" continues to be a bad idea for TLDs
(both existing and new ones). Instead, the public would be best served via
fixed-length contracts and regular tender processes for the operation of every
TLD, just like how nearly every other procurement is done in government or the
Leap of Faith Financial Services Inc.