[At-Large] [NA-Discuss] Fw: [ga] NTIA/DoC and DoJ bitch slap ICANN over new gTLDs!!!

Evan Leibovitch evan at telly.org
Fri Dec 19 15:51:10 EST 2008


Thanks for forwarding this, Danny.

> http://www.ntia.doc.gov/comments/2008/ICANN_081218.pdf

Absolutely worthwhile reading. Some of the noteworthy (to me) bits are
regarding new gTLDs, demanding that ICANN:

"Demonstrate that ICANN has sufficient capacity to enforce contract
compliance with an as-yet-unknown number of new contracting parties,
especially in light of outstanding questions regarding existing
contracts (such as the proposed amendments to the RAA and problems with
the WHOIS data accuracy reporting system)"

"Focus on coordinating technical functions related to the management of
the DNS and not on matters more appropriately addressed by governments,
such as adjudication of morality, public order and community objections
in accordance with international human rights law. The proposed
mechanisms to address these topics are inappropriate."

"Articulate a clear rationale for the proposed fee structure as well as
a transparent mechanism, that includes community agreement, for the
disposition of excess revenues, should there be any, given ICANN's
status as a non-profit entity".

And I agree with the advice to read beyond the DOC communications. A
letter that follows from the US anti-trust office urges the DOC to now
endorse or approve the gTLD proposals as ICANN has put forward, and the
rationale is difficult to dispute.

- Evan




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