FW: PDP re Vertical Integration of Registrars & Registries
The GNSO Council has voted to move forward with a PDP on vertical integration. The Resolution is below. I introduced the original motion, which had been drafted by Margie Milam of Staff. The text voted upon was written by Mary Wong, and was accepted by me as a friendly amendment on the last day. This is consistent with the BC's position on this issue. It is hoped that Staff will agree with our position, that the 'status quo' should remain as in the com/net/org contracts for the new TLD registry contracts, unless and until policy is developed by the Council and adopted by the Board - rather than imposed by Staff. If so, then policy could develop to loosen the restrictions later, or keep them the same. If they loosen the restrictions now, and later policy is developed or desired which would tighten them, then it seemingly would be very difficult to implement. That would be bad precedent, and we won't know for years whether it is bad policy. Notably, the entire Contracted Party House voted against a PDP. I understand that many are happy with the Staff recommendation for newTLDs, and many fear delay to the new TLD program. In our house, the vote was 11-2 in favor. The motion passed because it had more than 66% of votes in our House in favor. (The ISPs were the two votes against.) Because of absentee voting, the vote has just become final. I need to post by the 9th the names of any volunteers to the drafting team that will draft the WG charter. Please send me your name if you're interested. If no other volunteers, then I can work on the charter drafting team, but we really need other volunteers to participate actively in the Working Group that will be chartered to complete its work within sixteen weeks. So, please help if you can. Thanks! -*- Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to prepare an Issues Report on the topic of vertical integration between registries and registrars; Whereas, on 11 December 2009, the Issues Report on vertical integration between registries and registrars was delivered to the GNSO Council; Whereas, the Issues Report includes recommendations that the GNSO Council delay the initiation of a Policy Development Process (PDP) on the issue for a period of 1-2 years; Whereas, notwithstanding the recommendations in the Issues Report, the GNSO Council has decided to initiate a PDP on vertical integration between registries and registrars; and Whereas, the GNSO Council has decided against initiating a Task Force as defined in the ICANN Bylaws; Now therefore, be it: RESOLVED, that the GNSO Council has reviewed the recommendations contained in the Issues Report, and nonetheless approves the initiation of a PDP on the topic of vertical integration between registries and registrars; FURTHER RESOLVED, that the PDP shall evaluate which policy recommendations, if any, should be developed on the topic of vertical integration between registrars and registries affecting both new gTLDs and existing gTLDs, as may be possible under existing contracts and as allowed under the ICANN Bylaws; FURTHER RESOLVED, that the GNSO Council shall convene a Working Group to fulfill the requirements of the PDP, including a review of ICANN Staff's prior work with respect to vertical integration, and develop recommendations accordingly; and FURTHER RESOLVED, that the Working Group shall deliver its Final Report to the GNSO Council no later than sixteen weeks from the date of this resolution. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1 (415) 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>
Mike, congratulations on getting this PDP through with excellent cooperation in the users house. You say that: "Notably, the entire Contracted Party House voted against a PDP ... In our house, the vote was 11-2 in favor." Importantly I believe this is the first vote where the new bi-cameral structure exposes not "a GNSO that can not make up its mind" (old perception) but a GNSO that contains a sub-set of suppliers with vested interests who are happy to use their vote against a public interest. This clear demonstration may be useful to air with Board members over informal discussions. Philip
Mike, Your reasoning statement in the GNSO call, and within the email string below is spot on. Policy or not on V.I., opening up the flood gates with an estimated 500 new gTLDs may have enormous consequence. We need to ensure a change of this magnitude is adequately vetted. Thank you for your efforts. Please add me to the volunteer list for the drafting team. Berry A. Cobb Infinity Portals LLC 866.921.8891 From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Mike Rodenbaugh Sent: Tuesday, February 02, 2010 07:38 To: BC List Subject: [bc-gnso] FW: PDP re Vertical Integration of Registrars & Registries The GNSO Council has voted to move forward with a PDP on vertical integration. The Resolution is below. I introduced the original motion, which had been drafted by Margie Milam of Staff. The text voted upon was written by Mary Wong, and was accepted by me as a friendly amendment on the last day. This is consistent with the BC's position on this issue. It is hoped that Staff will agree with our position, that the 'status quo' should remain as in the com/net/org contracts for the new TLD registry contracts, unless and until policy is developed by the Council and adopted by the Board - rather than imposed by Staff. If so, then policy could develop to loosen the restrictions later, or keep them the same. If they loosen the restrictions now, and later policy is developed or desired which would tighten them, then it seemingly would be very difficult to implement. That would be bad precedent, and we won't know for years whether it is bad policy. Notably, the entire Contracted Party House voted against a PDP. I understand that many are happy with the Staff recommendation for newTLDs, and many fear delay to the new TLD program. In our house, the vote was 11-2 in favor. The motion passed because it had more than 66% of votes in our House in favor. (The ISPs were the two votes against.) Because of absentee voting, the vote has just become final. I need to post by the 9th the names of any volunteers to the drafting team that will draft the WG charter. Please send me your name if you're interested. If no other volunteers, then I can work on the charter drafting team, but we really need other volunteers to participate actively in the Working Group that will be chartered to complete its work within sixteen weeks. So, please help if you can. Thanks! -*- Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to prepare an Issues Report on the topic of vertical integration between registries and registrars; Whereas, on 11 December 2009, the Issues Report on vertical integration between registries and registrars was delivered to the GNSO Council; Whereas, the Issues Report includes recommendations that the GNSO Council delay the initiation of a Policy Development Process (PDP) on the issue for a period of 1-2 years; Whereas, notwithstanding the recommendations in the Issues Report, the GNSO Council has decided to initiate a PDP on vertical integration between registries and registrars; and Whereas, the GNSO Council has decided against initiating a Task Force as defined in the ICANN Bylaws; Now therefore, be it: RESOLVED, that the GNSO Council has reviewed the recommendations contained in the Issues Report, and nonetheless approves the initiation of a PDP on the topic of vertical integration between registries and registrars; FURTHER RESOLVED, that the PDP shall evaluate which policy recommendations, if any, should be developed on the topic of vertical integration between registrars and registries affecting both new gTLDs and existing gTLDs, as may be possible under existing contracts and as allowed under the ICANN Bylaws; FURTHER RESOLVED, that the GNSO Council shall convene a Working Group to fulfill the requirements of the PDP, including a review of ICANN Staff's prior work with respect to vertical integration, and develop recommendations accordingly; and FURTHER RESOLVED, that the Working Group shall deliver its Final Report to the GNSO Council no later than sixteen weeks from the date of this resolution. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1 (415) 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>
participants (3)
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Berry Cobb -
Mike Rodenbaugh -
Philip Sheppard