[CCWG-ACCT] "Christmas trees" and "Consumer Trust" in Article 1 of the Bylaws

Andrew Sullivan ajs at anvilwalrusden.com
Wed Jan 13 21:25:04 UTC 2016

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

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