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Username: A. Moulden
Date/Time: Sun, March 11, 2001 at 9:10 PM GMT (Mon, March 12, 2001 at 12:10 AM BT)
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Score: 5
Subject: Joe Sims plays semantics

Message:
 

 
Extract from joint NSI-ICANN statement 3/1/01:
(http://www.icann.org/melbourne/proposed-verisign-agreements-topic.htm)

"The original purpose of this provision was to create an incentive for the separation of ownership of NSI's registry and registrar businesses"

Extract from existing ICANN-NSI Registry Agreement:
(http://www.icann.org/nsi/nsi-registry-agreement-04nov99.htm)

"The Expiration Date shall be four years after the Effective Date, unless extended as provided below. In the event that NSI completes the legal separation of ownership of its Registry Services business from its registrar business by divesting all the assets and operations of one of those businesses within 18 months after Effective Date to an unaffiliated third party that enters an agreement enforceable by ICANN and the Department of Commerce (i) not to be both a registry and a registrar in the Registry TLDs, and (ii) not to control, own or have as an affiliate any individual(s) or entity(ies) that, collectively, act as both a registry and a registrar in the Registry TLDs, the Expiration Date shall be extended for an additional four years, resulting in a total term of eight years."

Extract from Scribe's Notes of DNSO Names Council Meeting 3/11/01:
(http://cyber.law.harvard.edu/icann/melbourne/archive/scribe-icann-031101-nc.html)

Schneider: Concerned that Board and NC became involved in this process so late. That Verisign is no longer to divest the registry is a major shift in policy; it needs to be discussed seriously before being approved.
Sims: To my knowledge, ICANN Board has never adopted a policy requiring separation of registrar and registry.

Comment:
Mr Sims: whether or not the scribe recorded actual use by you of the word "requiring", this was a misleading answer which rather than address the question, attempted to undermine it. Your technical defense when the suggestion was made that the new policy/intention "needs to be discussed seriously" has been noted.

 

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