Re: [ga] Why no sanctions?

[Jeff Williams <jwkckid1@ix.netcom.com>]

Bret and all assembly members,

Bret Fausett wrote:

> Because we should be encouraging this kind of behavior?

  No.  Allow for perhaps, but encourage, definitely not.  Such
encouragement would possibly lead ( And I would agree with Danny,
likely lead) to more of the same from other registrars and the contract,
as terribly flawed as it is, would be abrogated to the point of being
nearly worthless.  We could end up having a Registrar version
of the microsoft fiasco.

>
>
> Before calling for sanctions just because it's Verisign, keep a few things
> in mind.

  I don't believe that Dannys comments and concerns were central
to Verisign.

>
>
> - The kind of promotion than Verisign proposed is common in the brick and
> mortar world. A manufacturer may keep its wholesale price stable while
> offering promotional credits back to individual retailers as a means of
> rewarding increased sales.

  I would rather see these supposed "Credits" as either a direct reduction
in registration fees or rebated back to existing registrants.  But none the
less comparing such to the brick and mortar world seems a bit of
a stretch in any event.

> Rest assured that when you saw that great deal
> Footlocker was offering on Nikes in the local paper, Nike did not have to
> vet the discount it had provided with the Central Shoe Authority.

  There is not central shoe authority.  Hence this comparison as an
example is not really valid in this context.  But I do gather your point.

> And when
> you received free HBO last month from your local cable company, the FCC
> didn't have to sign off on that either.

  ICANN is not the FCC, nor is it a regulatory authority.

>
>
> - The overall effect of the promotion may have been to lower prices to
> consumers.

  MAY, yeah.  IS, is yet another thing all together.

>
>
> - The fact that Verisign wanted to create an incentive for registrars to
> promote .com and .net now that .info and .biz are live is a sign that
> competition is beginning -- only beginning -- to take shape. At the first
> sign of registry-to-registry price competition though, we've had the
> regulator step in and stir the pot.

  Good point here.

>
>
> Forget for a minute that it's Verisign and forget that the contract may (or
> may not) have required Verisign to vet with ICANN a plan to award marketing
> credits to registrars.

  Yes but the other part of this is that the Registrar and registry competition

is not open.  As such, only the ICANN "Accredited" Registries or Registrars
by contract to DOC/NTIA, via ICANN recommendation, have a closed
market place here.

> Ask the larger question of what kind of environment
> we've created when companies doing business servicing domain names have to
> seek permission for marketing initiatives.

  They shouldn't have to if and only if those marketing initiatives are within
the
existing laws dealing with such marketing or advertising....


>
>
> My initial reaction is to be very dismayed at this report. I'd like to hear
> more from ICANN about what in Verisign's original promotion was rejected,
> what was allowed, and why.

  I would as well as our legal staff would.  But now I am afraid that we
will never get the straight scoop on this at this juncture.

> I'd also like to see a more general conversation
> within the DNSO about whether ICANN should be regulating business
> initiatives at this level of detail.

  ICANN cannot regulate anything, only recommend presently to DOC/NTIA.
And DOC/NTIA does have some latitude here.

>
>
>     -- Bret
>
>
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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