[ALAC] Comment on proposal for the removal of existing gTLD-Registrar cross-ownership .

Wed Jun 6 17:12:59 UTC 2012

Ah. OK. Thanks for the explanation.

It may be too late to make this point element clearer in the first
paragraph of the statement as Carlton has suggested, given the severe
timeline constraints. Nonetheless, I can support it given what you've said,
with or without the modification.

- Evan

On 6 June 2012 11:47, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:

>  Evan, perhaps I am missing something, but here is my take.
>
> The comment says that the ALAC is in favour of removing the
> cross-ownership constraints. This is not conditional (it is for some of us
> a statement grudgingly made because of a preference for maintaining
> ownership limits everywhere - but THAT decision was already irrevocably
> made).
>
> The concern is not with the removal of ownership constraints, but with one
> of the methodologies to implement this - namely the wholesale transition to
> the new gTLD contract form.
>
> The comments says we support removing the cross-ownership rules, but NOT
> by the wholesale move to the new contract which makes a LOT of other
> changes, most benign to users, some good (such as thick whois) and some
> bad, such as the lifting of price caps.
>
> Alan
>
>
> At 06/06/2012 10:30 AM, Evan Leibovitch wrote:
>
>
> On 6 June 2012 03:53, Olivier MJ Crepin-Leblond
> <
> ocl
> at gih.com <https://atlarge-lists.icann.org/mailman/listinfo/alac>> wrote:
>
> > thank you for your kind follow-up on this. I understand that this
> was
> > a short comment period but have so far only see positive feedback
> about the
> > text.
>
> That said, I'm still ambiguous about the wording.
>
> Apparently, we're concerned about the price cap, but not enough to
> affect
> our approval of the policy. Tacking on "major" is IMO
> pointless. Either the
> issue is significant enough for ALAC to make support conditional on
> maintaining price controls, or it isn't. The wording of the statement
> allows our advice to be comfortably accepted as "support" and
> the trailer
> concern ignored.
>
> The policy can be revisited after the gTLD rollout and we can determine
> if
> monopoly power still exists.
>
> It's not likely I would vote in favour of the statement as worded. But
> I'm
> just one vote.
>
> - Evan
>
> >  With today being the deadline for submitting comments and
> > with only positive feedback received both on the ALAC but also the
> wider
> > At-Large list, I have given the green light for staff proceed as
> follows
> > TODAY:
> >
> > - submit this final version to the public comment process, with a
> note
> > that the statement is currently undergoing ALAC ratification,
> > - create a wiki page for the comment with the first draft of your
> text
> > and the final version, as submitted,
> > - cut/paste all comments received on the ALAC and the At-Large lists
> and
> > display them as a comment on this Wiki page.
> >
> > This process ensures a better transparency and archiving of the
> > discussion for future reference, if needed.
> >
> > Kind regards,
> >
> > Olivier
> >
> > On 06/06/2012 04:15, Alan Greenberg wrote :
> > > In light of Evan's comment, have made a change to the
> statement. Not
> > > exactly what he suggested, but I think in the same direction.
> > >
> > > I note that if a comment is to be submited by the ALAC, even a
> > > preliminary one, it must be done in the next 22 hours.
> > >
> > > Alan
> > > ==========================
> > >
> > > The ALAC and At-Large have multiple opinions on whether the
> removal
> > > of Cross-Ownership Restrictions for gTLD Operators will be to
> the
> > > benefit or detriment of users, or in fact, the domain
> ecosystem.
> > > There is, however, a unified position that whatever the
> environment
> > > is, with certain constraints, there should be a level playing
> field
> > > for all gTLD operators.
> > >
> > > As such, the ALAC supports the removal of cross-ownership
> constraints
> > > for existing gTLD operators.
> > >
> > > However, the ALAC does have one major concern with the
> proposal. The
> > > option for existing gTLD operators to transition to the new
> gTLD
> > > agreement would remove cross-ownership constraints, but it
> would also
> > > have a very significant other effect that has not been the
> subject of
> > > virtually any public discussion. Specifically, it would remove
> the
> > > price caps in the existing agreements, and that is not
> something that
> > > should quietly be slipped in without careful analysis.
> > >
> > > That transition would be subject to limits related to
> competition
> > > issues raised by the removal of the cross-ownership
> restrictions. The
> > > document is silent on other results of such a transition, and
> > > particularly the removal of price caps on existing operators.
> > >
> > > The ALAC does not believe that there is sufficient proof at
> this time
> > > to indicate that the new gTLD environment will so
> significantly
> > > change the gTLD market so that price caps are no longer
> required for
> > > the dominant gTLDs. As such, no change driven by the removal
> of
> > > cross-ownership restrictions should at the same time remove the
> price
> > > caps in the current agreements for dominant gTLDs without
> substantive
> > > community involvement.
> > >
> > > _______________________________________________
> > > ALAC mailing list
> > >ALAC at
> atlarge-lists.icann.org <https://atlarge-lists.icann.org/mailman/listinfo/alac>
>
> > >
> https://atlarge-lists.icann.org/mailman/listinfo/alac> >
> > > At-Large Online:http://www.atlarge.icann.org
> > > ALAC Working Wiki:
> >
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC <https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+%28ALAC>
> )
> > >
> >
> > --
> > Olivier MJ Crépin-Leblond, PhD
> >http://www.gih.com/ocl.html
> >
> >
> > _______________________________________________
> > ALAC mailing list
> >
> ALAC
> at atlarge-lists.icann.org <https://atlarge-lists.icann.org/mailman/listinfo/alac>
>
> >
> https://atlarge-lists.icann.org/mailman/listinfo/alac>
> > At-Large Online:http://www.atlarge.icann.org
> > ALAC Working Wiki:
> >
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC <https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+%28ALAC>
>
> )
> >
>
>
>
> --
> Evan Leibovitch
> Toronto Canada
>
> Em: evan at telly dot org
> Sk: evanleibovitch
> Tw: el56
>
>
>
>
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-- 
Evan Leibovitch
Toronto Canada

Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56