Re: [registrars] Code of conduct & anti-trust issues

[Jim Archer <jarcher@registrationtek.com>]

ICANN does not require that we adopt a CoC and even if the contract did 
ICANN can not enforce a provision that requires us to engage in 
anti-competitive activity.  If we adopt a CoC and it is ilegal yto do so 
then it won't be ICANN who is called on the carpet, it will be any member 
of the RC who participates in discussions on CoC.

Jim

--On Tuesday, August 27, 2002 1:22 PM -0700 Rick Wesson <wessorh@ar.com> 
wrote:

>
> Jim,
>
> Since the CoC is mentioned in our contracts with ICANN so shouldn't you be
> asking ICANN?
>
> -rick
>
> On Tue, 27 Aug 2002, Jim Archer wrote:
>
>> 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
>> >
>>
>>