[governance] Registrar-Registry integration and conflicts of interest

Fri Sep 23 16:38:59 EDT 2011

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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>
>
>
> -
>

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