[ga] More legal ammunition against WLS

[George Kirikos <gkirikos@yahoo.com>]

Hi folks,

I was perusing the Registrar agreement with ICANN some more. It's at:

http://www.icann.org/registrars/ra-agreement-17may01.htm

Lots of good stuff in there, which Verisign seems to have overlooked.
Section 4 talks about "PROCEDURES FOR ESTABLISHMENT OR REVISION OF
SPECIFICATIONS AND POLICIES"

Sections 4.2, and 4.2.4:

"4.2 Topics for New and Revised Specifications and Policies. New and
revised specifications and policies may be established on the following
topics:"

"4.2.4 principles for allocation of Registered Names (e.g.,
first-come/first-served, timely renewal, holding period after
expiration);"

It is reasonable to believe that WLS would represent an alteration of
the allocation of Registered Names, and thus requires a new or revised
specification and/or policy.

Next, combine this with Section 4.3 and 4.1, which discuss "Consensus
Policies", and Verisign is trapped. 

"4.3.2 In the event that Registrar disputes the presence of such a
consensus, it shall seek review of that issue from an Independent
Review Panel established under ICANN's bylaws....In the event that
Registrar seeks review and the Independent Review Panel sustains the
Board's determination that the policy is based on a consensus among
Internet stakeholders represented in the ICANN process, then Registrar
must implement such policy unless it promptly seeks and obtains a stay
or injunctive relief under Subsection 5.6."

Section 5.6 allows for arbitration, thus reducing legal costs, "at the
election of either party". It would allow one to challenge whether
there was a consensus.

With Verisign admitting to a lack of consensus, and not seeking one, it
should be a slam dunk case for the majority registrars, who have voted
against WLS in the DNSO RC.

I'm not a lawyer, so do your own review, of course. But, if ICANN had
any sense, WLS has as good a chance of being approved as Britney Spears
has at winning a Best Actress Oscar next year.

Sincerely,

George Kirikos
http://www.kirikos.com/

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