[governance] Registrar-Registry integration and conflicts of interest

CW Mail mail at christopherwilkinson.eu
Sun Sep 25 14:23:21 EDT 2011


Dear Milton:

Thankyou. I have read your comments with interest.

1.	Regarding conflicts of interest, I am not alone in expressing  
concerns. Those in positions of responsibility may develop appropriate  
solutions.

2.	Regarding Vertical Integration, my point of view has been set out  
in some detail; I have little to add.

http://forum.icann.org/lists/vi-pdp-initial-report/pdfe3itOHmj9w.pdf

I recommend that start-up Registries should be able to register names  
directly subject to certain thresholds.

However, your comments suggest that there may be a misconception: this  
is not about the conditions of competition between Registries. It is  
about the conditions of competition betweeen Registrars.

Regards,

Chrisotpher

PS:	BTW, it is nearly six years since I had any röle in the GAC. So,  
please . . .


On 23 Sep 2011, at 22:38, Milton L Mueller wrote:

> Christopher:
> There is nothing of substance in the EU or US challenge to the  
> vertical integration (VI) decision.
> As usual, neither the EC nor the US had the presence of mind or  
> seriousness of purpose to participate in the working group that  
> dealt with the VI decision. Their comments are ignorant of what was  
> actually proposed and what transpired in the working group. Indeed,  
> the working group actually proposed to have a market power test that  
> could be referred to national competition authorities. As usual, the  
> GAC came in months afterwards asking ICANN to institute a market  
> power check by national authorities - a completely irrelevant  
> comment by that time.
>
> I suspect that both the EU and US were lobbied by TM interests and  
> were simply looking for an excuse to delay progress.
>
> Perhaps you can explain to me how a completely new registry, with  
> ZERO market share, which other registrars may not want to promote  
> without payment or kickbacks, can cause a competition policy  
> problem?  How can it have market power?
>
> If you want to be better informed about this issue, I suggest that  
> you read the archives of the VI WG list, and the reports that were  
> produced by the VI Wg.
>
> Furthermore, the conflict of interest issue (i.e., Dengate-Thrush's  
> movement to Minds and Machines) actually could have occured with or  
> without the VI decision, and thus your argument is irrelevant.
>
> ________________________________________
> From: governance at lists.cpsr.org [governance at lists.cpsr.org] On  
> Behalf Of CW Mail [mail at christopherwilkinson.eu]
> Sent: Thursday, September 22, 2011 8:54 AM
> To: McTim; Discussion for At-Large Europe
> Cc: governance at lists.cpsr.org
> Subject: [governance] Registrar-Registry integration and conflicts  
> of interest
>
> Well, many of us have been subject to "cooling off" periods.
>
> In this particular case, the issue arises because ICANN has wrongly
> decided that Registrars may apply to become their own Registries.
> So now we have - as I foresaw last month - both the EU and the US (a)
> pointing up the conflict of interest and (b) questioning the
> competition policy aspects of the vertical integration decision.
>
> For a bottom-up, consensus driven process in which the At Large are
> representing the public interest, that is quite an achievement.
>
> Regards to you all,
>
> CW
>
>
> On 22 Sep 2011, at 13:16, McTim wrote:
>
>> I'm not so sure about a cooling off period and 2 years is a long  
>> time.
>>
>> What if an ICANN employee wanted to work for another Internet related
>> policy organisation like ISOC or InternetNZ or APC, would that be
>> allowed?
>>
>> The devil would be in the details, certainly!
>>
>> --
>> Cheers,
>>
>> McTim
>> "A name indicates what we seek. An address indicates where it is. A
>> route indicates how we get there."  Jon Postel
>>
>>
>> On Thu, Sep 22, 2011 at 1:31 PM, CW Mail
>> <mail at christopherwilkinson.eu> wrote:
>>> http://news.businessweek.com/article.asp?documentKey=1376-LRJ76P0YHQ0X01-5GK35KVQ6SNK471LR9L5PCHQE9
>>>
>>> Ah, Indeed.
>>>
>>> CW
>>>
>>>> -----Ursprüngliche Nachricht-----
>>>> Von: governance at lists.cpsr.org [mailto:governance at lists.cpsr.org]  
>>>> Im
>>>> Auftrag
>>>> von mail at christopherwilkinson.eu
>>>> Gesendet: Sonntag, 21. August 2011 21:02
>>>> An: governance at lists.cpsr.org; governance at lists.cpsr.org
>>>> Cc: council at isoc-ecc.org
>>>> Betreff: RE: AW: [governance] BECKSTROM TO LEAVE ICANN AT END OF
>>>> HIS TERM
>>>>
>>>> There is an obvious conflict of interest in this context which
>>>> should have
>>>> been regulated, before, by the ICANN Board or by the ICANN
>>>> Nominating
>>>> Committee. Failure to do so will lead to additional intrusion by
>>>> GAC or
>>>> the
>>>> US.
>>>>
>>>> Movements of this kind between the Regulator and the Operators
>>>> should be
>>>> subject to a 24 month cooling off period.
>>>>
>>>> Regards,
>>>>
>>>> CW
>>>>
>>>>
>>>> Original Message:
>>>> -----------------
>>>> From: Kleinwächter, Wolfgang
>>>> wolfgang.kleinwaechter at medienkomm.uni-halle.de
>>>> Date: Sun, 21 Aug 2011 19:07:48 +0200
>>>> To: governance at lists.cpsr.org
>>>> Subject: AW: [governance] BECKSTROM TO LEAVE ICANN AT END OF HIS
>>>> TERM
>>>>
>>>>
>>>> FYI
>>>>
>>>>
>>>> http://www.washingtonpost.com/business/icann-departures-draw-criticism/2011/
>>>> 08/19/gIQAzpeDTJ_story.html
>>>>
>>>> wolfgang
>>>> ____________________________________________________________
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>>
>>
>> -
>>
>
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