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

[Burr, Becky]

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 “where feasible and appropriate” 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 “where feasible and appropriate”
  *   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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