[NA-Discuss] FW: The European Commission Papers on ICANN

ebw at abenaki.wabanaki.net ebw at abenaki.wabanaki.net
Wed Sep 7 16:15:57 UTC 2011


I've not read the EC paper and don't plan to until after the 1st of October.

I expect it will keep.

I agree with John about regulatory capture. However, I know that many who
are engaged in policy advocacy, including Verisign among other contracted
parties, reject "regulatory capture" as a possible description, as they
do not accept that "regulation" is an accurate description. The former, for
a variety of reasons, including a lack of familiarity with federal (United
States) administrative law, as well as a preference for some other legal 
framework, and the latter, possessing an abundance of familiarity with US
administrative law, for reasons specific to agency capture and regulated
party benefit, insist that "regulation" is not practiced.

I don't plan to read Professor Meuller's paper. We've known each other's
positions since the Working Group C period (1998) and have had nothing in
agreement then or subsequent.

What I suggest is that everyone try and understand each other, that when
there is disagreement over whether "regulation" applies, that that is not
overlooked by reference to some other benefit, or harm, and the assumption
offered by Verisign, and its non-competitor imitators, currently with TLD
franchises, or seeking new TLD franchises, that new TLDs are a sufficient
substitute for redelegation or other means of reducing the market share of
the incumbent monopoly, while held by some, are not assumed to be held by
all, or necessarily valid, however attractive.


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