RE: Draft New Draft

["Antony Van Couvering" <avc@interport.net>]

Javier Sola wrote,
>
> Anthony,
>
> I was not talking about 1591 nor conspiracy. I personally think that 1591
> does not mean much when we talk about TLD "ownership". It is a standard of
> the community, it does not really stop a country from getting its TLD back
> if it really wants it.
>

You're right about ownership.  RFC 1591 says:

      Concerns about "rights" and "ownership" of domains are
      inappropriate.  It is appropriate to be concerned about
      "responsibilities" and "service" to the community.

> What I though it was funny was ORSC claiming veto power for registries on
> registry policy. To me it means that registries are more powerful than
> ICANN, as they can stop ICANN policy.

There's a difference between ccTLDs and NSI (the only gTLD).  This whole
affair was catalyzed gTLDs, and ICANN's power relationship vis-a-vis NSI is
different than that with ccTLDs.  NSI has its authority to run .COM, .NET,
and .ORG via agreements and contracts with the US Gov't.  ccTLDs were
delegated domains by IANA under the rubric of RFC 1591.  NSI's compliance
with ICANN terms is mandatory; ccTLD's compliance is, well, less mandatory.

> On this line, NSi could stop any new
> TLD or registry, as this may harm its economical interests. What
> do we need
> an ICANN for if NSi is stronger than ICANN?.

I am in complete agreement with you here.  To the extent that the AIP/ORSC
draft allows NSI to veto anything, or any one registry to veto anything, I
deplore it.  Registries, which have to implement policy, should have some
mechanism to protest actions they believe will hurt the stability and
coherence of the DNS, but they should not get to stop an action *merely*
because it hurts their business.

> What we are looking
> forward to
> is a fair regulating body that will put common interests above particular
> interest. This would work the opposite way.

As I said, difference between ccTLDs and gTLDs.  ICANN should not be in the
business of regulating ccTLDs.

Antony