[ALAC] Proposed Renewal of .NET Registry Agreement

Tue May 9 07:12:15 UTC 2017

ICANN remains at .75USD?

2017-05-08 13:08 GMT+03:00 Javier Rua <javrua at gmail.com>:

> Must agree with Olivier.
>
> Javier Rúa-Jovet
>
> +1-787-396-6511
> twitter: @javrua
> skype: javier.rua1
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>
> On May 8, 2017, at 4:25 AM, 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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-- 
Andrey Kolesnikov
RIPN.NET
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