RE: Re[2]: [ga] collisions in namespace (was gTLD Constituency)

[Roeland Meyer <rmeyer@mhsc.com>]

DOC thought and Adnrew Pincus opinion is one thing, an actual vote and
action is another. Please, do not under-cut the significance of this BoD
action. My reading of the Verign contract did not reveal many of the
conditions that Pincus recommended, FWIW. Further, it is a legal document
defining specific terms. Being the first such document, it is also the model
from which all other TLD registry contracts should be modeled. It sets the
precedent. The ICANN BoD should have a difficult time nullifying that
precedent. Policies, both implied and explicit, are now set within that
document.

> -----Original Message-----
> From: Bret Fausett [mailto:baf@fausett.com]
> Sent: Thursday, April 12, 2001 7:55 PM
> To: ga@dnso.org
> Subject: Re: Re[2]: [ga] collisions in namespace (was gTLD 
> Constituency)
> 
> 
> Roeland Meyer wrote:
> 
> > What you ought to notice is that the precedent has now been 
> set that the same
> > entity can now be both registry and registrar.
> 
> The U.S. Dept. of Commerce has thought for some time that this was
> acceptable -- with proper precautions, such as the separation 
> of revenue and
> assets. This is Andrew Pincus' testimony from July, 1999:
> 
>    "The operations of a registry and of a registrar,
>     if conducted by the same entity, should be
>     separated so revenues and assets of the registry
>     are not utilized to financially advantage registrar
>     activities to the detriment of other registrars."
> 
> http://www.ntia.doc.gov/ntiahome/domainname/blileyrsp.htm
> 
>     -- Bret
> 
> P.S. Of course, he also wrote: "The Department of Commerce 
> also expects the
> ICANN Board to move expeditiously to establish a process and 
> time-line for
> electing At-Large Directors. This task must be ICANN's 
> highest priority.
> Indeed, we can think of very little that is more important to 
> the success of
> this experiment in self-ordering than the prompt 
> establishment of a fully
> elected Board of Directors."
> 
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