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

Burr, Becky Becky.Burr at neustar.biz
Wed Jan 13 22:16:32 UTC 2016

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<http://www.neustar.biz>

From: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Date: Wednesday, January 13, 2016 at 4:40 PM
To: Andrew Sullivan <ajs at anvilwalrusden.com<mailto:ajs at anvilwalrusden.com>>
Cc: Accountability Community <accountability-cross-community at icann.org<mailto: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<mailto: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<https://urldefense.proofpoint.com/v2/url?u=http-3A__dyndns.org&d=CwMFaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=U8JV-pppuzL5by4GRAsK2KjEfJrLbZS2ptPd2Qo1-4k&s=lEzrTKYYWp8A9RNxS462xsQZBDg03K_47Jm2Q4Azs4A&e=> 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<mailto:ajs at anvilwalrusden.com>
Accountability-Cross-Community mailing list
Accountability-Cross-Community at icann.org<mailto:Accountability-Cross-Community at icann.org>

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