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Public Comment on the Q&A Document

  • To: settlement-comments@xxxxxxxxx
  • Subject: Public Comment on the Q&A Document
  • From: Danny Younger <dannyyounger@xxxxxxxxx>
  • Date: Tue, 22 Nov 2005 18:13:10 -0800 (PST)

In discussing the topic of sanctions, the recently
posted Q&A document states: "The proposed .COM
agreement and all of the other registry agreements
ICANN has entered in 2005 (.JOBS, .TRAVEL, .NET)
provide for damages awards by arbitrators, including
punitive damages in some cases."

The Q&A document conveniently fails to mention that
ICANN deliberately failed to provide a Public Comment
Period for discussion of the contracts for either
.JOBS, or .TRAVEL or .NET., so no one in the community
has had the opportunity to comment on "all of the
other registry agreements ICANN has entered in 2005".

Of course, such a Public Comment Period for contracts
that establish charges for ICANN services is clearly
required under the ICANN Bylaws, but we all know there
has never been any accountability within ICANN:


The Board may set fees and charges for the services
and benefits provided by ICANN, with the goal of fully
recovering the reasonable costs of the operation of
ICANN and establishing reasonable reserves for future
expenses and contingencies reasonably related to the
legitimate activities of ICANN. Such fees and charges
shall be fair and equitable, shall be published for
**public comment** prior to adoption, and once adopted
shall be published on the Website in a sufficiently
detailed manner so as to be readily accessible.

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