[CPWG] [GTLD-WG] reference list re: amazon PICs

Sun Sep 29 16:07:14 UTC 2019

Hi Marita:
To answer you directly, yes, I do not see any useful movement coming. So
conserve the energy.

We have been down the road before. The history is that during the
horsetrading of what was the 2012 round, this entire idea and process was,
IMHO, just something thrown on for 'feel good', for stickiness and to get
ICANN over a hump. The right "optics" was the most important objective. And
the applicants for strings grabbed it like a drowning man grabs at straws
floating in the ocean.  It worked.

Voluntary or contracted, it does not matter. The problem is enforcement.
And, the mechanisms for enforcement.

First of all, the voluntary ones were just that. Except the sleight of hand
that somehow their status was elided to become "enforceable" under
contract. The nature of the "contracted" ones are that they make up and are
part of the business model of the registry. Those present a few
difficulties for me.

First, I'm philosophically opposed to ICANN regulating a business model.
Because that inures to the position that ICANN is picking 'winners and
losers' in the DNS marketplace. You can't be both free marketer and what
amounts to being a freebooter at once.

Next, and the substantive point. In respect of PICDRP, look at who has
standing to make the complaint. And, to be the principal adjudicator of
said complaint. And, who bears the costs for that adjudication.  Always
follow the money. For in the end, it is the most compelling factor.

In my view, there are more than may reasons why this is a dog that won't
hunt. First, ICANN org has shown very little appetite to enforce these
contracts to the "t". And if that must be done at their cost, I can build
you a thousand reasons to find that 'unhelpful'.  Bottomline, diminishing
returns, much ado about nothing. And, not worth the energy of the few.

My 2 cents.

Best,
-Carlton

==============================
*Carlton A Samuels*

*Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround*
=============================

On Fri, Sep 27, 2019 at 2:13 AM Marita Moll <mmoll at ca.inter.net> wrote:

> So, is your recommendation that we just not bother getting into this? You
> will know that there is a pic dispute resolution process. You are saying
> this is not adequate?
>
> It is a serious question. I don't have a strong sense yet, from the
> community, about our role in this process. In fact, in the processes
> offered to address it, the ICANN application comment form (see below) it
> looks like only individuals can send in comments.
>
> Marita
> On 9/27/2019 12:45 AM, Carlton Samuels wrote:
>
> The PICs live and die on enforcement.  Long ago, I declared them to be not
> 'worth a bucket of warm spit'.
>
> You needn't be clairvoyant or particularly prescient to see the
> enforcement mechanism would have been useless for those who are aggrieved
> unless there are third party enforcement rights of action.
>
> -Carlton
>
> ==============================
> *Carlton A Samuels*
>
> *Mobile: 876-818-1799 Strategy, Process, Governance, Assessment &
> Turnaround*
> =============================
>
>
> On Thu, Sep 26, 2019 at 10:48 AM Marita Moll <mmoll at ca.inter.net> wrote:
>
>> Hello CPWG members. As requested please see below the primary and
>> secondary sources that were used in researching the Amazon PICs issue
>>
>> Primary sources:
>>
>> *Approved Board resolutions; special meeting of the Board  May 15, 2019
>>
>>
>> https://www.icann.org/resources/board-material/resolutions-2019-05-15-en#1.c
>>
>> *Text of .amazon PICS -- E-mail to ICANN Board
>>
>>
>> https://www.icann.org/en/system/files/correspondence/huseman-to-chalaby-17apr19-en.pdf
>>
>> *Marby to Zaluar correspondence -- June 13, 2019
>>
>>
>> https://www.icann.org/en/system/files/correspondence/marby-to-zaluar-13jun19-en.pdf
>>
>> *ICANN Application comment form
>>
>> https://gtldcomment.icann.org/applicationcomment/login
>>
>> Secondary sources:
>>
>> *Domain Mondo's weekly Internet domain news review June 2, 2019
>>
>> www.domainmondo.com/2019/06/news-review-icann-gnso-epdp-phase-2.html
>>
>>
>> *Hold your horses; the last wave of comments on .amazon hasn't started yet
>>
>> Kevin Murphy May 24, 2019
>>
>>
>> domainincite.com/24300-hold-your-horses-the-last-wave-of-comments-on-amazon-hasnt-started-yet
>>
>> *Amazon wins; ICANN on verge of approving .amazon despite government
>> outrage
>>
>> Kevin Murphy, May 19, 2019
>>
>>
>> domainincite.com/24260-amazon-wins-icann-on-verge-of-approving-amazon-despite-government-outrage
>> <https://www.reddit.com/r/technology/comments/brcrb7/icann_on_verge_of_approving_amazon_for_amazon_inc/>
>>
>>
>> *.amazon domains are getting closer
>>
>> Konstantinos Zournas May 29, 2019
>>
>>
>> https://onlinedomain.com/2019/05/20/domain-name-news/amazon-domain-names-are-getting-closer/
>>
>> *Jeff Bezos finally gets .Amazon after DNS overlord runs out of excuses
>> to delay decision any further
>>
>> Kieran McCarthy May 21, 2019
>>
>> https://www.theregister.co.uk/2019/05/21/bezos_finally_gets_amazon/
>>
>>
>> *ICANN says Amazon In's application for .amazon TLD can proceed following
>> 30 days of public comment
>>
>> May 20, 2019
>>
>>
>> www.circleid.com/posts/20190520_icann_says_amazon_inc_application_for_dot_amazon_can_proceed/
>>
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