Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

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

    This discussion has been archived. No new comments can be posted.
    VeriSign and the "myth" of "presumptive renewal" | Log in/Create an Account | Top | 14 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Section 4.2 is an abomination
    by GeorgeK on Friday October 28 2005, @07:47AM (#16363)
    User #3191 Info | http://www.kirikos.com/
    It looks like the title of the article got cut-off -- it should be "VeriSign and the "myth" of "presumptive renewal".

    Normally one would have expected certain parts of the contract to be "boilerplate". The timebomb in Section 4.2 might have not been noticed by people initially for that reason, as one wouldn't expect it to have been so abominable.

    The first sentence of section 4.2, that "This Agreement shall be renewed upon the expiration of the term set forth in Section 4.1 above and each later term, unless the following has occurred" is a RECURSIVE one, due to the words "and each later term", thus turning a seemingly innocuous section into a perpetual monopoly for VeriSign.

    And just to make sure VeriSign's grip on .com is tightened, later in Section 4.2 it says that the terms of the renewed contract should generally be the same as other gTLDs, EXCEPT in the areas of "the price of Registry Services; the standards for the consideration of proposed Registry Services, including the definitions of Security and Stability and the standards applied by ICANN in the consideration process; the terms or conditions for the renewal or termination of this Agreement; ICANN’s obligations to Registry Operator under Section 3.2 (a), (b), and (c); the limitations on Consensus Policies or Temporary Specifications or Policies; the definition of Registry Services; or the terms of Section 7.3".

    So, read that again -- future hands are tied as to price (no public tender to benefit consumers, in other words). The RENEWAL CONDITIONS can't be negotiated -- they're set in stone, to give VeriSign the perpetual monopoly. The definition of "Registry services" is set in stone too. And so on.

    It's antithetical to the mission of promoting competition to be locked in to a single supplier for .com, forever. No contract should ever be signed that would allow an external supplier perpetual renewal rights.
    [ Reply to This | Parent ]
    No, the agreement is perpetual
    by KarlAuerbach on Friday October 28 2005, @08:51AM (#16366)
    User #3243 Info | http://www.cavebear.com/
    I believe that you misread the year 2001 agreement - it is perpetual and was known to be when adopted.

    That section 25 you cite causes the "expiration date" to be reset so that the whole cycle begins anew on each iteration. You need to read the whole section 25, including that last part about re-incoporating section 25 into subsequent agreements. And also look at the definition of "expiration date".

    When the board adopted that contract (I voted against it) I remember that the board's belief was that it is perpetual - I noted this fact in my
    April 2 entry to the "decision diary"
    [cavebear.com] that I maintained and published when I was on the board -

    The real winner in all of this process is ICANN's money-consuming law firm and, presumably, the senior partner at that firm (who thus usually gets a cut at the firm's revenues from ICANN), the person who created ICANN and who also privately created the 2001 contract with verisign.
    [ Reply to This | Parent ]
  • 8 replies beneath your current threshold.

  • Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com