[governance] Proposed statement on .ORG sale

[Bill Woodcock]

> On Dec 7, 2019, at 7:57 PM, Imran Ahmed Shah (via governance Mailing List) <governance at lists.riseup.net> wrote:
> Why it will be wrongful for ICANN

IANAL, but: https://en.wikipedia.org/wiki/Tortious_interference

> Why we assume prevailing party will be Ethos/PIR.

We don’t need to assume one way or other.  We just have to recognize that the threat of lawsuit has been used to bring ICANN to heel many times in the past, and will likely be the first resort of anyone who’s worried about their actions in the future.

> ICANN has to Intervene in Public Interest at the time when dealing was exposed to it on the basis of lack of transparency, as well as avoiding bidding mechanism.

Nope.  ICANN has no duty relative to the terms a private transaction between ISOC and Ethos.  There’s no requirement that it be transparent, nor that it be put out to bid.

ICANN’s duty is to ensure that it not be detrimental to .ORG registrants or the health of the Internet ecosystem.  Not the civil society multistakeholder ecosystem, but the actual workings of the Internet.

> Or when they have received Public comments against the price cap removal. Removal of ICANN price control also encouraged the commercial interest magnification.

Yep.  But making an argument to ICANN that something bad happened because of something ICANN did in the past will just set ICANN against you.  So that’s not a fruitful path.

> When are writing to ISOC BoT we can also send other statement to the ICANN Board.

Again, there’s no point in sending anything to the ISOC board at this point, they’re done and out.  They don’t have any decisions left to make, or actions left to take.  All they can do is sit around and wait to see whether money shows up in their bank account.

ICANN and the relevant Pennsylvania court are the next two decision points.

                                -Bill

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