[ALAC] Proposed Renewal of .NET Registry Agreement

Maureen Hilyard maureen.hilyard at gmail.com
Mon May 8 09:49:58 UTC 2017


Olivier

I agree that the ALAC should make a meaningful contribution to statements
that come out of the system for At-Large commentary. But surely even ALAC
members can't be expected to be experts on some of these topics that
require specialist input. Therefore, having  not heard anything from
anyone, we made our first call.  Surprisingly it has needed this to
actually kickstart some discussion but it would be great if you could
please put your comments *on the designated workspace*
<https://community.icann.org/display/alacpolicydev/At-Large+Workspace%3A+Proposed+Renewal+of+.NET+Registry+Agreement>
so that we can more easily coordinate a statement from the ALAC by the 30th
May.

Bastiaan and I are also involved with Andrei, Holly, Leon and Alberto, as
well as Satish and Evan from outside of the ALAC  in another ALAC statement
on gTLDs Subsequent Procedures PDP that is due before the 22nd. This has
priority.  But we still need more contributors with some expertise in the
areas of study for the various work tasks, especially Work Task #3
questions on String Contention Objections and Disputes.
<https://community.icann.org/display/alacpolicydev/At-Large+Workspace%3A+Work+Track+3+-+GNSO+Community+Comment+2+%28CC2%29+on+New+gTLD+Subsequent+Procedures+Policy+Development+Process>A
separate workspace has been set up for each set of questions and  I am sure
that general responses would be appreciated by the leads in these sections.

For both papers, although it has taken a while to finally get some feedback
which I really appreciate, the team and I will work on what contributions
we receive to coordinate statements from the ALAC that reflects your
concerns.  But it does require everyone to contribute if they have
expertise in the subject matter.

Truthfully, these are not subject areas I know much about, but as the
penholder I am willing to coordinate the comments that arrive into a
statement we can pass on. Please use the workspaces.

Maureen :)



On Mon, May 8, 2017 at 8:25 PM, Olivier MJ Crépin-Leblond <ocl at gih.com>
wrote:

> Dear Maureen,
>
> I am sorry but your comment got me to raise my eyebrow: we wouldn't be
> expecting an end-user to analyse these costs, but we would expect ALAC
> members to. That's why they're elected as ALAC members. If we start
> reasoning that topics in ICANN are out of scope for the ALAC because an end
> user would not be expected to analyse the topic or be directly involved in
> the topic, then we can pretty much close shop because the majority of
> topics that are treated at ICANN are complex and need prior knowledge. I
> fully subscribe to the point made by Kaili that ALAC members are the end
> user's lawyers in the ICANN process.
>
> On the .NET agreement, it is strange that, once again, the agreement would
> be just renewed and not put to a bidding process. And the commenter makes a
> good point about anti-trust laws. But for some reason, the US government
> has closed its eyes on this industry such that there is one major Registry
> player and one major Registrar player. It it for the ALAC to call for
> action? That's the question you need to ask yourselves. It is perhaps the
> fundamental question for this TLD renewal. It requires answers to two
> questions: one that requires skills and knowledge; the other that requires
> a discussion and a choice.
>
> 1. Skills and knowledge: in the case of .NET, are conditions fulfilled for
> an automatic renewal of the Registry agreement, if there is such an option?
> 2. Discussion and choice: if conditions are not met, or there is no such
> automatic renewal option, then does the ALAC want to pick this up and make
> a point, bearing in mind this could start a process with an uncertain end?
>
> Kindest regards,
>
> Olivier
>
>
> On 08/05/2017 06:23, Maureen Hilyard wrote:
>
> But really Alan, would we be expecting the ordinary end-user to be
> analysing these costs and other sections of the document in a similar way,
> without any prior expert knowledge about the ICANN contractual bidding
> process, previous contracts and other details you have outlined? Its
> outside of our scope.
>
> On Mon, May 8, 2017 at 3:32 PM, Alan Greenberg <alan.greenberg at mcgill.ca>
> wrote:
>
>> Maureen and Bastiaan have review the .NET Registry Agreement revisions
>> and are not recommending and ALAC statement.
>>
>> There is one comment already pointing out that there the contract (both
>> the current one and the revised one) allow for a 10$ increase in the price
>> to the registrar per year. Note that for New gTLDs, pricing is out of scope
>> of ICANN registry agreements. Based on the 2011 price of $4.65 and the 2017
>> price of 8.20, it would appear that they have used the full 10% over the
>> term of the last current agreement. The 10% rate is the same as that in the
>> current .ORG agreement. .COM presumably due to the size of the registrant
>> base is price-capped.
>>
>> The comment also says the contract should not be renewed, but rather put
>> out for competitive bidding - something that is not within ICANN's ability
>> to decide (and confirmed by the statement calling upon government
>> anti-trust action). See https://mm.icann.org/pipermail
>> /comments-net-renewal-20apr17/2017-April/000000.html.
>>
>> Alan
>>
>>
>>
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>
>
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