RE: [ga] serious participation in ICANN processes

["Russ Smith" <russ@consumer.net>]

Either ICANN was responsible for events prior to November 1999 or not.  This
includes all issues whether it be Races.com, registrar competition, or
anything else.  Louis Touton says they are not responsible for anything
prior to November 1999 because ICANN did not have the authority or an
agreement in place.  You need to argue with Louis Touton, not me.  (I am
sure the answers to your question will result in ICANN being responsible for
all the good things but not any of the bad things.)

Registrars were ICANN accredited only after ICANN had authority to do so in
November 1999.  Again, talk to Louis Touton.

You response to my posting is a terrific example of why there is so much bad
feelings about ICANN.  Everything is a game of loopholes.  As a result,
many, many people simply do not believe anything that comes out of ICANN.
As a result you may win a few battles (in your mind) while alienating the
majority.

Russ Smith
http://consumer.net







-----Original Message-----
From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Kent
Crispin
Sent: Friday, April 06, 2001 6:32 PM
To: ga@dnso.org
Subject: Re: [ga] serious participation in ICANN processes


On Fri, Apr 06, 2001 at 03:56:09PM -0400, Russ Smith wrote:
> Registrar competition was put in place by the US Department of Commerce.

Nope.  DoC gave the go-ahead, but ICANN did most of the work.

In fact, ICANN was absolutely instrumental in the creation of registrar
competition -- registrars are *ICANN-accredited*, after all.  The
accreditation agreement was developed by ICANN, not DoC, and that
development work took place before any agreements were signed; the
accreditation process was developed by ICANN; the accreditation process
is and always has been managed by ICANN.

> According to ICANN's general counsel Loius Touton, ICANN is not
responsible
> for any events prior to November 1999 when ICANN was officially
put in place
> (http://www.icann.org/nsi/coopagmt-amend19-04nov99.htm).

ICANN existed long before that.  It was incorporated in Novermbe 1998,
and there was a tremendous amount of work involved in negotiating the
agreements w/ NSI and DOC before they were ever signed.  The supporting
organizations had to be formed, etc etc.

> Mr. Touton told me that ICANN would not take any responsibility for
> assisting in clearing up the incident with Races.com
> (http://www.wired.com/news/business/0,1367,32974,00.html) because it
> happened prior to ICANN's existence.

Different issue.

> I do not remember the exact date the shared registry system went
into place
> but the amendment to the NSI cooperative agreement was in April 1999,
> several months before ICANN officially existed
> http://www.ntia.doc.gov/ntiahome/domainname/amendment13.htm.

ICANN existed in Nov 1998.

> I guess you can say that some of the people who eventually formed
ICANN were
> involved in registrar competition but, according to ICANN's
general counsel,
> ICANN is not responsible for those events which took place prior
to November
> 1999 even though Vint Cerf and ICANN made this claim in recent
congressional
> testimonies.
>
> To summarize, that one doesn't count.

Of course it does.

--
Kent Crispin                               "Be good, and you will be
kent@songbird.com                           lonesome." -- Mark Twain
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