Kent and all,
Kent Crispin wrote:
> On Thu, Jan 14, 1999 at 01:13:22PM -0800, Karl Auerbach wrote:
> >
> > Overall, it is very common practice to have contracts that allow one party
> > to impose new conditions and obligations without the need of a bi-lateral
> > agreed-upon amendment. If one doesn't like it, then one doesn't enter
> > into the contract.
>
> That is precisely the point. ICANN doesn't have any particular hold
> over Nominet (for example). As a practical matter, .uk cannot be
> removed from the root, so Nominet has no particular incentive to
> enter into a contract with ICANN at all. This condition exists for
> all the large ccTLDs.
>
> The condition does not exist for NSI. NSI is under thrall to the
> USG, and the USG can be very influential in the terms of a contract
> between ICANN and NSI. It also doesn't exist for any new gTLDs,
> because ICANN can insist on the contract as a condition of being put
> in the root.
The ICANn cannot legally insist on any contract at this time as they are
not yet completely constituted to date. For instance NSI has already
add ccTLD .TO in their registration services. NSI is really under no
legal restriction NOW to add whatever TLD's is deems beneficial
unless the NTIA objects. ICANN could ask for the NTIA to intervene,
but it problematic whether the NTIA could, or should do so at this
juncture.
>
>
> The bottom line is that there are really two primary regulatory
> regimes -- the gTLDs, and the ccTLDs. It is, in my opinion, a
> fundamental mistake if ICANN tries to manage both kinds of registries
> under the same rules.
I assume that you are referring to RFC 1591 here Kent. I believe that
the ICANN has already publicly decided to adhere to RFC 1591. In the
event that the ICANN membership should choose to change or amend
that RFC as a part of a policy change, there could be problems of course.
However on the other side of that same coin, if some modification of
RFC 1591 is not considered at some early on point, there may be even bigger
trouble form other gTLD's and possibly NSI. I am referring to fair competition
laws here.
>
>
> --
> Kent Crispin, PAB Chair "Do good, and you'll be
> [EMAIL PROTECTED] lonesome." -- Mark Twain
>
>
Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
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