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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    WLS Approved, With Amendments | Log in/Create an Account | Top | 21 comments | Search Discussion
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    Re: WLS Approved, With Amendments
    by fnord (groy2kNO@SPAMyahoo.com) on Sunday August 25 2002, @01:25AM (#8693)
    User #2810 Info
    I don't know if I'm directly addressing your point Ray, but the way I see it is we've had a monopoly (VeriSign) replaced with a trust (ICANN) of three major players, with VeriSign still penultimate. At this rate we may have true competition sometime around 2050. The only answer I see to this is the courts, and if the disaffected can't get their act together to sue, then I guess we might as well hold our breath for a few decades until it shakes itself out. Frankly, I'm disgusted that no-one has stepped up to the plate and challenged this, but if they're that wimpy I guess they're not worthy of running a registry. -g
    [ Reply to This | Parent ]
    Re: WLS Approved, With Amendments by fnord
    Re: WLS Approved, With Amendments
    by RFassett on Sunday August 25 2002, @06:47AM (#8695)
    User #3226 Info | http://www.enum.info
    My guess is that the scope of the registry contracts will start to come crashing down when the registries begin to challenge them - most notably those things regulatory in nature such as wholesale pricing. I think we just saw this with WLS and ICANN backed down rather than have the scope of this contract challenged by Verisign and reviewed in a court of law (opening the possibility for a decentralized and authoritative third party setting any sort of clear and concise boundary as this relates to ICANN's legal right to regulate registry product service offerings).

    I believe ICANN has avoided this by "approving" WLS but that regulatory price controls are next on Verisign's plate. With WLS, now we shall see (if anything) what the registrars do. But clearly, to me, ICANN has been legally advised to face the latter rather than the former. If certain registrars will indeed be harmed by WLS, any type of legal action should be soley with Verisign and not involving ICANN. Should legal action involve ICANN as a party, language involved in its contracts will then be subject to authoritative interpretation regarding its scope and boundary.

    Certainly artificially limiting the number of top level registries is a regulatory act in and of itself. I am not sure it can be proven in a court of law that ICANN is restricting the number of TLD's as an act of market regulation (where a court could then determine by precedent this act as being outside of its scope).

    Regarding the 37 applicants that were turned down in the first round, they have no contract with ICANN to challenge before any sort of third party mechanism....the very same concept the ccTLD registries seem to favor as well.
    [ Reply to This | Parent ]

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