[governance] Proposed statement on .ORG sale

Bill Woodcock woody at pch.net
Sun Dec 8 02:07:41 EST 2019



> On Dec 7, 2019, at 5:35 PM, Michael Palage <mike at palage.com> wrote:
> I think Bill is making a valid point most people are not fully appreciating.  ISOC and Ethos have already signed a deal, and while the terms of the deal are still under a NDA, it would not surprise me if there was a substantial poison pill if ISOC tried to back out.

Heh.  Yes, they’d have their asses handed to them by Ethos’ lawyers.  I don’t think it’s even in the realm of possibility that ISOC would take an action that would jeopardize their deal.  Carrot is +$1.2Bn.  Stick is -$500M.  They don’t have that to pay even if they wanted to.  Which means they’d wind up forfeiting the domain anyway, since it’s the only thing they have that’s worth anything.

> In looking at ICANN’s internal procedures and past precedent, the only possible option I see at this time would be to potential incorporate some of the 2002 representations and Ethos most recent representations in a Specification 11.

Can you elaborate?

> I do not see how ICANN can block this deal.

If they can find grounds upon which it creates real harm for registrants, or real danger to the stability of the Internet.

                                -Bill

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