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Re: [registrars] ICANN response to reconsideration requests ofVerisign and Dotster regarding the WLS service



If ICANN chooses to ignore the intrest of its largest source of funding
and while it may have the disgression to apply new plicy without using a
consensus policy process, unilaterial decision making makes the ITU seem a
more predictable and open formum than the current ICANN process --
especially if ICANN isn't stable enough to have a predictable process.

inshort, ICANN is making its own case for a new and more predictable
venue.

-rick


On Tue, 27 May 2003, Bruce Tonkin wrote:

> Hello All,
>
> I note that there is a special meeting of the ICANN Board on 2 June
> 2003.
> http://www.icann.org/minutes/background-02jun03.htm
>
> On the agenda are two reconsideration requests:
> - a response to Dotsters request surrounding the WLS
> http://www.icann.org/committees/reconsideration/rc02-5.htm
>
> - a response to Verisign's request surrounding the WLS
> http://www.icann.org/committees/reconsideration/rc02-6.htm
>
> The logic makes interesting reading - especially the response to Dotster
> regarding the need of ICANN to use consensus to change policy.
>
> Here is a quote:
> "Dotster is correct that the Board's decision to revise VeriSign's
> registry agreements to allow it to offer the WLS through accredited
> registrars was not made according to the procedures stated in subsection
> 4.3.1 of Dotster's registrar accreditation agreement for the creation of
> "consensus policies" as defined there. But nothing in the registrar
> accreditation agreement requires ICANN to make all of its policies
> according to the "consensus policy" mechanism defined in that agreement.
>
> Instead, the contractual role of the "consensus policies" under the
> registrar accreditation agreement is to provide ICANN with an
> alternative to require registrars to implement policies developed
> through the ICANN process. Under subsection 4.1 of the registrar
> accreditation agreement, registrars agree to comply with new or revised
> specifications developed during the term of the agreement, provided they
> are established according to a consensus policy process described in
> subsection 4.3 and on topics prescribed in subsection 4.1.2.2 In
> contrast to Dotster's contention that the registrar accreditation
> agreement requires all of ICANN's policies to be created using the
> procedures stated in subsection 4.3.1, the registrar accreditation
> agreement makes it very clear that the consensus-policy mechanism is
> only one way of defining additional obligations for registrars. See
> subsection 4.2 ("specifications and policies may be established").3
> "
>
>
> Regards,
> Bruce Tonkin
> Melbourne IT
>
>



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