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Usurping the rights of the GNSO

  • To: settlement-comments@xxxxxxxxx
  • Subject: Usurping the rights of the GNSO
  • From: Danny Younger <dannyyounger@xxxxxxxxx>
  • Date: Thu, 3 Nov 2005 17:45:01 -0800 (PST)

The new .com registry contract states:

"In addition to the other limitations on Consensus
Policies, they shall not modify the terms or
conditions for the renewal or termination of this
Agreement;"

This proscription is quite problematic:

Presumptive right of renewal in perpetuity provisions
have started appearing in recent gTLD registry
contracts.  This is a policy choice that has been made
by ICANN Staff without the benefit of GNSO guidance. 
Such a provision indeed appears in this proposed .com
registry agreement.

The GNSO may come to decide that such renewal
provisions do not sufficiently reflect the principle
of competition and may choose to formulate a consensus
policy that promotes recompete provisions instead of
presumptive renewal clauses.  That is their right as
the body authorized to establish appropriate gTLD
policies in concert with the ICANN Board.

The above limitation serves to usurp the authority
granted to the GNSO that allows it to formulate
consensus policies for Board ratification.  The GNSO
has not tacitly agreed to this diminution of their
authority, and there is no reason to believe that the
GNSO will ever agree to the loss of their right to
establish a consensus policy with respect to renewal
provisions.  

There are many that have already expressed their
vehement opposition to the perpetuity language found
in this and other such documents; ultimately a
decision on this matter should be made on a consensus
basis that reflects the will of the community.  The
language contained within a contract should not limit
the ability of the community to deal with an issue --
that would be an inequitable application of policy
which would violate the non-discriminatory treatment
clause of the ICANN Bylaws.




                
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