[CCWG-ACCT] "Christmas trees" and "Consumer Trust" in Article 1 of the Bylaws
Dr Eberhard W Lisse
el at lisse.na
Thu Jan 14 13:50:16 UTC 2016
ICANN's role is restricted to the ccNSO and therein to keeping the root database and the whois database up to date.
Sent from Dr Lisse's iPad mini
> On 14 Jan 2016, at 00:16, Burr, Becky <Becky.Burr at neustar.biz> wrote:
> Are ccTLDs part of the DNS marketplace?? Why not?
> 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
> From: Greg Shatan <gregshatanipc at gmail.com>
> Date: Wednesday, January 13, 2016 at 4:40 PM
> To: Andrew Sullivan <ajs at anvilwalrusden.com>
> Cc: Accountability Community <accountability-cross-community at icann.org>
> Subject: Re: [CCWG-ACCT] "Christmas trees" and "Consumer Trust" in Article 1 of the Bylaws
> Becky, I agree that we have a disagreement.
> If we kick this to WS2, I think we need to keep Section 3 of the AoC alive until the issue is resolved. We can't just sunset Section 3 on the premise that some of us think it didn't really do anything anyway.
> Andrew, I don't think we have a disagreement on the point you raise.
> The "DNS marketplace" is the term that's used in the AoC, so I assume there is background and history to show how that is viewed in this context. So, it's not a plain-language meaning we are looking for, it is a fit-for-purpose definition. As such I don't think what you're describing is part of the "DNS marketplace" for purposes of the AoC. So I don't think we far apart, in this regard.
>> On Wed, Jan 13, 2016 at 4:25 PM, Andrew Sullivan <ajs at anvilwalrusden.com> wrote:
>> On Wed, Jan 13, 2016 at 03:47:06PM -0500, Greg Shatan wrote:
>> > Section 3 is not unbounded. It is limited to the "DNS marketplace."
>> Ok. Please tell me, what is that marketplace?
>> My employer (Dyn), for instance, sells DNS services to companies. We
>> have many competitors. Dyn has been at this for about 15 years. For
>> a significant chunk of that time, Dyn wasn't even a registrar (which
>> Dyn only does for convenience, really -- it's not our main market).
>> In any case, many of our customers use someone else for domain name
>> registration and just use us for DNS. Indeed, for part of Dyn's
>> history you couldn't do any domain name registration in any TLD with
>> Dyn; instead, you registered a hostname under (say) dyndns.org and Dyn
>> hooked up your dynamically-assigned IP to the DNS with a 5 minute TTL
>> so that you could access your machine at home or wherever. Other
>> companies are in this business too, through today.
>> Under any plain-language meaning of the terms, those behaviours seem
>> to be part of the DNS marketplace. But I claim ICANN has absolutely
>> no business, of any kind, in that marketplace, and if you're going to
>> argue that it does then I think we have a very deep disagreement about
>> where ICANN's responsibilities begin and end. If we're this far apart
>> on that fundamental question, then I think we have a practical problem
>> of hammering out the answer. For practical reasons, I think, we
>> therefore need to kick the question to WS 2 and use the minimal
>> interpretation that is compatible with everyone's interpretation.
>> Best regards,
>> Andrew Sullivan
>> ajs at anvilwalrusden.com
>> Accountability-Cross-Community mailing list
>> Accountability-Cross-Community at icann.org
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