https://domainnamewire.com/2019/11/15/ica-asks-icann-to-block-org-private-equity-deal-in-damning-letter/
> ICA asks ICANN to block .Org private equity deal in damning letter > > by Andrew Allemann — November 15, 2019 Policy & Law 28 Comments > > Group calls out ICANN’s “terrible blunder”. > > > > Internet Commerce Association is asking domain overseer ICANN to block the > sale of the .Org registry to Ethos Capital. > > It sent a damning letter (pdf) to ICANN today that states what many observers > are thinking. In part: > >> Surely you can now appreciate the terrible blunder that you have made. >> Crucial policy decisions that have billion-dollar ramifications and which >> affect the stability of the Internet must be the subject of robust Board >> involvement and not left to ICANN staff. >> >> If you were led to believe that removing price caps on .Org domain names was >> a sound approach because the registry would remain in the hands of a >> nonprofit foundation, you have clearly been misled. If you were led to >> believe that despite being the effective owner of the .org registry, you >> were somehow forced to let your service providers tell you how much they can >> charge, instead of the other way around, you have been led astray. If you >> have been told that .Org does not have market power within the nonprofit >> sector, you have been led astray. If you have been told that competition >> from other gTLDs will constrain .org prices, you have been led astray. > > Section 7.5 of the registry agreement between Public Interest Registry and > ICANN states: > >> Except as set forth in this Section 7.5, neither party may assign any of its >> rights and obligations under this Agreement without the prior written >> approval of the other party, which approval will not be unreasonably >> withheld. > > The question now is: would it be reasonable for ICANN to withold approval of > the transfer of the .org registry agreement? > > ICANN has a history of wimping out in fights. But given the blowback it is > getting and will get for many years from this deal, it might be one of those > times it steps up. > > The letter concludes: > >> If your miscalculation of awarding a perpetual, no-bid agreement – lacking >> any price caps whatsoever – was premised on the registry remaining in the >> hands of an organization serving the public interest, the pending sale to a >> private equity firm should cause you to reconsider your approach. >> Fortunately the purported sale of the .Org registry affords you an >> opportunity to withhold approval, terminate the Registry Agreement in >> respect of any consummated transaction, and put the contract out for >> competitive bid. >> >> Where is the ICANN Board when it comes to safeguarding the interests of >> nonprofit registrants? -- Kim Holburn IT Network & Security Consultant T: +61 2 61402408 M: +61 404072753 mailto:[email protected] aim://kimholburn skype://kholburn - PGP Public Key on request _______________________________________________ Link mailing list [email protected] http://mailman.anu.edu.au/mailman/listinfo/link
