[At-Large] [lac-discuss-en] Vistaprint is abandoning .vista

Kan Kaili kankaili at gmail.com
Sat Jul 14 06:23:46 UTC 2018

Thank you, Evan, for providing this wonderful document "A Call for ICANN to Embrace its Inner Regulator".  It is hereby attached for anybody interested, and the following is a quote from it:

The first step in solving any problem lies in the admission that a problem exists. The next step is
the recognition that ICANN must assume the role analogous to that of a regulator, that it is so 
well positioned to be.
In its aim to achieve international acceptance as a regulatory body, ICANN must be prepared for
significant change that more effectively asserts the public interest as the catalyst of, rather than 
the response to, ICANN policy. In particular, while the multi-stakeholder model needs to be 
maintained, its current form should be inverted -- that the public interest bodies initiate policy 
directions and the industry serves in an advisory function. 

In summary:
● Denial of regulatory function prevents ICANN from sufficiently serving the public interest;
● In the absence of a regulatory authority, ICANN has been captured by the industry it has
the duty to oversee, and has become dependent on its growth regardless of public-
interest consequences;
● This situation has isolated ICANN from the public it is supposed to serve, provoking both
public authority and the marketplace to actively seek alternatives to an ICANN-managed 
● ICANN must recognize this deficiency and assume a role analogous to that of a 
regulator -- refocused on the public interest -- if it is to maintain its position of preference 
amongst the alternatives.
● Such a refocus demands redefining the global public interest as the initiator and driver of
ICANN policy rather than its current status of reactive adviso


  ----- Original Message ----- 
  From: Evan Leibovitch 
  To: Kan Kaili 
  Cc: ICANN At-Large list ; Johan Helsingius 
  Sent: Saturday, July 14, 2018 5:34 AM
  Subject: Re: [At-Large] [lac-discuss-en] Vistaprint is abandoning .vista

  Every ICANN president has vigorously asserted that ICANN is not a regulator. This is not merely a casual opinion, it is a demand imposed upon them by ICANN's lawyers. To admit that ICANN is a regulator - - or even provides some regulatory function - - is to invite even deeper state scrutiny and attempts to make ICANN into a multilateral, treaty-based body than now exists. 

  In a submission to ICANN's Accountability and Transparency review team more than a decade ago, a number of At-Large members submitted an analysis that called on ICANN to recognize the obvious and embrace its inner regulator:


  Not much has changed. While a few references are dated, the paper's observations and commentaries are as valid now as then. 

  Evan Leibovitch, Toronto

  On Jul 13, 2018 5:13 PM, "Kan Kaili" <kankaili at gmail.com> wrote:

    Indeed Goran has said "ICANN is not a regulator" many times.  I have heard him saying that myself.  However, this is something I disagree with him.

    Again, in my personal opinion, as long as the positioning of ICANN stays blurry as it is now, the confusion will only accumulate until it creats a crisis.


    ----- Original Message ----- 
    From: "Johan Helsingius" <julf at julf.com>
    To: <at-large at atlarge-lists.icann.org>
    Sent: Friday, July 13, 2018 8:33 PM
    Subject: Re: [At-Large] [lac-discuss-en] Vistaprint is abandoning .vista

    > On 12-07-18 19:56, Kan Kaili wrote:
    >> In my opinion, ICANN should play the role of a regulator.
    > Our esteemed CEO, Göran Marby, has a number of phrases he repeats
    > fairly often. "ICANN is not a regulator" is one of them.
    > Julf
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