Re: [ga] Why no sanctions?

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

Chuck and all assembly members,

  As you know Chuck, you are one of the few NSI/Veristign folks
that in my opinion alone has good creditability.

  Ok you contend that Verisign did not violate any part or their
registrar contract in any way.  Others, including even ICANN
have an opposite point of view.  It is also OK that you tried to act
in verisign best interest, which you indicate below in your comments.
Where I fail to see the proper conclusion is that you CLAIM to have
acted in the best interest of ALL parties concerned, and that if indeed
Verisign feels it did not violate it's registrar contract.  How can
Verisign speak for all interested parties, and why would Verisign
feel it should "mitigate/Negotiate" a different solution in this light
at all?   I am also confused why ICANN would negotiate with you if
they really felt that Verisign had violated it's Registrar contract?

Gomes, Chuck wrote:

> Danny,
>
> Not only was there any willful violation, it is my opinion that there was no
> violation at all.  That is where ICANN and VeriSign disagree.  Therefore,
> rather than prolonging a dispute that would have negatively impacted our
> customers, we worked with ICANN to modify the promotion in a way that we
> believe is in the best interests of all parties involved.

>
>
> Chuck
>
> > -----Original Message-----
> > From: DannyYounger@cs.com [mailto:DannyYounger@cs.com]
> > Sent: Wednesday, December 12, 2001 10:34 PM
> > To: lynn@icann.org
> > Cc: ga@dnso.org
> > Subject: [ga] Why no sanctions?
> >
> >
> > Having read the Advisory Concerning VeriSign Global Registry
> > Services'
> > ".com/.net Promotion" cited at
> > http://www.icann.org/announcements/advisory-12dec01.htm I
> > have the following
> > question:
> >
> > Why did ICANN choose to issue an Advisory rather than a
> > Finding of Violation
> > of Appendix I (Registry Code of Conduct) under the Sanctions program
> > (appendix Y)?
> >
> > The advisory states:  "VGRS did not provide the required
> > prior notice to
> > ICANN of changes in its registry prices that is required by
> > the .com and .net
> > Registry Agreements, nor did it give notice and seek approval for the
> > additional terms under which registrations are provided
> > through the program."
> >
> > It goes on to state:  "after consultation with ICANN, VGRS
> > has agreed to
> > modify its program to establish a calculation mechanism that
> > incorporates a
> > fixed participation fee and a placement fee based on a series
> > of seven
> > different performance levels, ranging from a 5% increase to a
> > 120% increase
> > over the baseline performance."
> >
> > Are we now negotiating and arriving at compromises with those
> > that willfully
> > violate the rules instead of laying down the law and imposing
> > sanctions?
> > Perhaps Staff could comment on why "ICANN believes that this
> > accommodation is
> > the best outcome in the current circumstances."  Will this
> > become Standard
> > Operating Procedure?  If so, every registry will feel
> > comfortable breaking
> > any rules knowing that they then will have the opportunity to
> > negotiate
> > should they ever get caught.
> >
> >
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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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