Re: [ga] Thoughts/question on the WLS

[Bret Fausett <fausett@lextext.com>]

Thomas Roessler wrote:
> I'm not sure ICANN should go out of Verisign registry's way here.
> What the registry is suggesting is another monopoly service.  It's
> modeled after the existing one, so there is some basic competition
> among registrars.

John Berryhill wrote:
> Expect a lot of PGMedia citations in the brief.

A couple of things to keep in mind here. Asking ICANN to get out of the way
isn't tantamount to supporting monopolistic practices. If the registrars
have a private remedy for Verisign's allegedly anticompetitive conduct, we'd
simply be taking that private dispute and placing it outside the scope of
what ICANN does. The landscape has changed considerably since 1998. In 1998,
when Network Solutions was under direct contract with the United States for
operation of the CNO registries, it enjoyed federal antitrust immunity from
most private actions. ICANN intervention in competition was required because
there was nowhere else to turn. Effective May, 2001, with the renegotiation
of the CNO registry agreements (which removed the government as a party to
the contracts), that immunity ended.*

This WLS seems an appropriate problem to consider while we're also
discussing ICANN Reform. Where are we going to draw the line around what
ICANN can do? If we're going to extend the scope of ICANN's responsibilities
to stirring the pot of competition, what else might that include?

George Kirikos wrote:
> ICANN exists to make the tough decisions. If they can't handle the job, give
> it to someone who will.

I think that's exactly what I was suggesting: give the job to a Court
because deciding what is "anticompetitive" is outside ICANN's core
competency.

      -- Bret


---------
* Also See Paragraph 25:
http://www.ntia.doc.gov/ntiahome/domainname/agreements/amend24_52501.htm
And the DOC Press Release:
http://osecnt13.osec.doc.gov/public.nsf/docs/icann-verisign-0518

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