[CCWG-ACCT] "feasible and appropriate" reliance on market mechanisms

[Carlos Raúl Gutiérrez G.]

Thank you Becky. While ICANN should not be an authority, the simple fact 
of assigning small but well defined “unique” resources in the DNS 
space, requires a lot of common sense and technical knowledge of the 
implications on the impact of those assignments, be it in the agreements 
or in the compliance follow up, or in consumer protection issues. How to 
express this responsibility without risking to be called an authority I 
have no suggestion. But the previous wording has to be revised or a new 
external point for those issues defined, be it IRP or something else.

Best regards

Carlos Raúl Gutiérrez
+506 8837 7176
Skype: carlos.raulg
On 1 Feb 2016, at 10:39, Burr, Becky wrote:

> I am sorry that you have seriously misunderstood my comment.  I am a
> strong advocate for ICANN relying on market mechanisms to increase
> competition, and I believe that should be very clear from my comment.
> ICANN is not an anti-trust authority.  That is simply a statement of 
> fact.
>
>
>
>
> J. Beckwith Burr
> Neustar, Inc. / Deputy
> General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
> <http://www.neustar.biz>
>
>
>
>
> On 2/1/16, 12:59 PM, "Carlos Raúl Gutiérrez G." <crg at isoc-cr.org> 
> wrote:
>
>> Dear Becky,
>>
>> after signing the AoC in 2008 as a step toward a new round, going 
>> trough
>> a round of new gTLDs charging rather high applicant fees (or at least
>> high enough so as to create barriers to entry for underserved areas) 
>> and
>> solving competing applications trough pure actions, creating a new 
>> GDD
>> and greatly increasing the name space, arguing that ICANN does not 
>> rely
>> on market mechanisms or does not posses the necessary knowledge in 
>> the
>> implications of competition, is an understatement I can hardly 
>> believe
>> in February 2016. Hope the CCT reviews will give us all a more 
>> realistic
>> view.
>>
>> Best regards
>>
>> Carlos Raúl Gutiérrez
>> +506 8837 7176
>> Skype: carlos.raulg
>> On 29 Jan 2016, at 11:49, Burr, Becky wrote:
>>
>>> All -
>>>
>>> As a follow up to our call on Tuesday regarding the language for 
>>> Core
>>> Value 5/4:  The language in the current Bylaws reads as follows:
>>>
>>> Where feasible and appropriate, depending on market mechanisms to
>>> promote and sustain a competitive environment.
>>>
>>> The CCWG dropped the introductory ³where feasible and appropriate²
>>> when we issued the 1rst Draft Proposal.  The ALAC, and now some
>>> additional members/participants, have objected to that change.  I
>>> objected to the reinsertion of that language.
>>>
>>> Based on our call on Tuesday I would characterize the mood as 
>>> follows:
>>>
>>>
>>> *   Most folks are indifferent
>>> *   Some folks feel very strongly that it is very important to 
>>> retain
>>> the ³where feasible and appropriate²
>>> *   Some folks would probably prefer to drop the language, but no 
>>> one
>>> feels as strongly as I do about it
>>>
>>> I would propose to resolve the situation by reverting the existing
>>> Bylaws language and adding the following language to the explanatory
>>> text of Recommendation 5:
>>>
>>> While acknowledging that ICANN does not possess antitrust expertise 
>>> or
>>> authority, on balance the CCWG elected to retain the introductory
>>> language to ensure that ICANN continues to have the authority, for
>>> example, to refer competition-related questions regarding new 
>>> registry
>>> services to competent authorities under the RSEP program, to 
>>> establish
>>> bottom-up policies for allocating top-level domains (e.g., community
>>> preference),  etc.
>>>
>>> Thoughts?
>>>
>>> J. Beckwith Burr
>>> Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
>>> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
>>> Office: +1.202.533.2932  Mobile: +1.202.352.6367 /
>>> neustar.biz<http://www.neustar.biz>
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