Re: [ga] ICANN fails to obtain necessary approval for VeriSign deal

["William S. Lovell" <wsl@cerebalaw.com>]

Ascensio is a well-known NSI/Verisign baiter, so I, too, read this with
a grain of salt.  If anything of the kind occurred, one would expect to
find record of it at http://www.dnso.org/dnso/ or thereabouts.

Bill Lovell

david@farrar.com wrote:

> Upon reading this it becomes apparent that this appears to be an opinion by
> some un-named person rather than an actual decision by DOC.
>
> If this is the case the subject line used for the post is quite inappropriate.
>
> DPF
>
> > ICANN fails to obtain necessary approval for VeriSign deal
> >
> > ICANN's new proposed agreement with VeriSign, Inc. (Symbol VRSN; $57) does
> > not comply with Department of Commerce's ("DOC") regulations governing ICANN
> > 's authority to exercise control over the domain name system ("DNS"). ICANN
> > failed to comply with the Clinton Administration's June 1998 White Paper's
> > consensus and policy requirements. This makes any possible DOC reversal of
> > VeriSign's divestiture requirement subject to rule making laws. It may also
> > adversely affect the on-going Senate and General Accounting Office
> > investigations concerning the Clinton administration's failure to comply
> > with Administrative Procedures Act ("APA") in conditionally contracting with
> > ICANN to regulate the DNS. We believe the new agreement merits rejection
> > because it is anti-competitive and unnecessary. However, these failures make
> > VeriSign's "rubber stamp" approval expectations baseless.
> >
> > ICANN is a private non-profit California corporation with no statutory
> > authority to make regulations or to create public policy. ICANN's by-laws
> > and actions must strictly and uniformly conform to the White Paper's
> > Statement of Policy and principles in order to attempt to control the DNS
> > outside of the APA. ICANN's Board failed to comply with its required
> > by-laws. The new VeriSign violates the White Paper's principles.
> >
> > According to its by-laws, ICANN's Board is required to develop any policy
> > decisions concerning the DNS through its Domain Name Supporting Organization
> > ("DNSO"), including the development and approval of the new proposed
> > VeriSign agreement. ICANN's by-laws also require that the DNSO seek and
> > produce a consensus on any DNS policy matters and abide by the DNSO
> > consensus. On March 28, 2001 the DNSO notified ICANN's Board that it failed
> > to provide proper notice and that it opposed the Board's proposal. It
> > instructed ICANN's Board not to hold a vote without due process. ICANN's
> > Board ignored the instructions, and on April 2, 2001 approved the new
> > VeriSign agreement.
> >
> > The DNSO is composed of seven constituency groups, headed by the Names
> > Council ("NC") and a General Assembly. NC consists of 21 members, three
> > members from each constituency group. NC has sole authority for determining
> > DNSO consensus on DNS matters. Both the NC and the General Assembly rejected
> > VeriSign's proposed deal. Among the DNSO's many ignored concerns is its
> > opposition to ICANN's "surprise" plan to "abolish VeriSign's obligation to
> > sell either its registrar or registry businesses" and the proposed new
> > agreement's "windfall to VeriSign". ICANN's failure to gain a consensus and
> > its Board's decision to ignore the DNSO's rejection renders its approval
> > useless to the DOC.
> >
> > The November 10, 1999 agreement attempts to comply with the White Paper's
> > "Competition" and "Bottom-Up" basic principles. ICANN's new proposed
> > agreement directly violates rather than complies with the "Competition"
> > principle, and ICANN's Board approval despite DNSO's rejection directly
> > violates rather than complies with the "Bottom-Up" principle.
> >
> >
> > /Bruce
> >
> >
> >
> >
> >
> >
>
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