[registrars] Code of conduct & anti-trust issues

[Jim Archer <jarcher@registrationtek.com>]

I wonder, given what we were told in VA about how easy it is to run up 
against the anti-competition laws in the US and other countries, could not 
the CoC being proposed here constitute a bunch of competitors getting 
together to mutually restrict how we all do business?  Is that not the 
essence of the anti-trust issue we have heard so much about over the past 
several months in connection with WLS discussions?

Mike, as the Chair and as an attorney who has brought the anti-trust issue 
to our attention, can you please comment of to what extent if any, the CoC 
constitutes an anti-competitive business practice?  Should we be dumping 
our water pitchers over at this point?

Jim



--On Tuesday, August 20, 2002 9:44 PM -0700 Rick Wesson <wessorh@ar.com> 
wrote:

>
> durring last weeks call we discussed the "code of conduct" and one
> registrars wanted to understand the purpose of the CoC.
>
>> From the document...
> http://www.icann-registrars.org/html%20docs/CodeofConduct3.htm
>
> This Registrar Code of Conduct describes key areas of operation for
> accredited registrars competing in the registration of gTLDs.  The Code
> has been developed by operational Registrars, to reflect experience under
> the terms and conditions of the ICANN Registrar Accreditation Agreement,
> identifying roles and responsibilities common to all registrars and
> providing interpretive guidance; it should thus be considered in concert
> with this Agreement, and any other documentation relevant to a particular
> transaction.
>
> This Code shall be reviewed annually by the Registrar Constituency.  All
> ICANN Accredited Registrars shall affirm their compliance with the
> provisions of the Code during the periodic re-accreditation process.
>
>
>
> The intent of the CoC as I see it is to provide a baseline for the
> industry so that registrants have a mininum set of expectations from the
> industry.
>
> This topic has been discussed for some time and I would like to see other
> registrars weigh in on the utility of the consept.
>
> -rick
>