Hi folks, I was perusing the Registrar agreement with ICANN some more. It's at:
http://www.icann.org/registrars/ra-agreement-17may01.htm Lots of good stuff in there, which Verisign seems to have overlooked. Section 4 talks about "PROCEDURES FOR ESTABLISHMENT OR REVISION OF SPECIFICATIONS AND POLICIES" Sections 4.2, and 4.2.4: "4.2 Topics for New and Revised Specifications and Policies. New and revised specifications and policies may be established on the following topics:" "4.2.4 principles for allocation of Registered Names (e.g., first-come/first-served, timely renewal, holding period after expiration);" It is reasonable to believe that WLS would represent an alteration of the allocation of Registered Names, and thus requires a new or revised specification and/or policy. Next, combine this with Section 4.3 and 4.1, which discuss "Consensus Policies", and Verisign is trapped. "4.3.2 In the event that Registrar disputes the presence of such a consensus, it shall seek review of that issue from an Independent Review Panel established under ICANN's bylaws....In the event that Registrar seeks review and the Independent Review Panel sustains the Board's determination that the policy is based on a consensus among Internet stakeholders represented in the ICANN process, then Registrar must implement such policy unless it promptly seeks and obtains a stay or injunctive relief under Subsection 5.6." Section 5.6 allows for arbitration, thus reducing legal costs, "at the election of either party". It would allow one to challenge whether there was a consensus. With Verisign admitting to a lack of consensus, and not seeking one, it should be a slam dunk case for the majority registrars, who have voted against WLS in the DNSO RC. I'm not a lawyer, so do your own review, of course. But, if ICANN had any sense, WLS has as good a chance of being approved as Britney Spears has at winning a Best Actress Oscar next year. Sincerely, George Kirikos http://www.kirikos.com/ __________________________________________________ Do You Yahoo!? Yahoo! Movies - coverage of the 74th Academy Awards� http://movies.yahoo.com/
