RE: [ga] Why no sanctions?

["Gomes, Chuck" <cgomes@verisign.com>]

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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