[ncdnhc-discuss] taking politics out of the .org delegation

Michael Froomkin - U.Miami School of Law froomkin at law.miami.edu
Tue Mar 5 17:01:30 CET 2002


what is .org worth?  As I understand it, the incumbent keeps all the fees
paid for registrations to date, however long they are, and the new bidder
takes on the uncompensated task of keeping those entries updated until
renewed.  So on day one, it's a big liability...  or am I missing
something?

On Tue, 5 Mar 2002, James Love wrote:

> Rob,
> 
> 1.    If you want to get a low price for the .org registry, award the
> registry contract to the firm that offers the lowest price in a competitive
> procurement.  This is fine with us.  I don't think this has been done before
> in ICANN.
> 
> 2.  If you don't award the contract on the basis of the low bid, you are
> basically giving someone or some group a contract worth millions.  .Org has
> a large installed base.  If ICANN sets the maximum price at a particular
> number, such as $5 or $6 per year, I am confident that the winning bid for
> the contract in a competitive auction would be greater than zero.   What
> makes you think the market clearing price would be zero?
> 
> 3.  If nothing is done on the basis of the prices that firms bid, you are
> just finding a way to award your friends a lucrative contract.   This is a
> not something new in the world.  Some government have been forced to adopt
> rules on procurements after predictable stories about kickbacks, bribes and
> favoritism.  Maybe here we will have to have some well documented corruption
> before we can have procurement system that is less subject to such abuses.
> I'm not suggesting the big bucks spent on various consultants and lawyers to
> curry favor with ICANN constitute bribes or improper payments, but one has
> to ask, is this the right way to do business at ICANN?
> 
>   Jamie
> 
> ----- Original Message -----
> From: "Rob Courtney" <rob at cdt.org>
> To: "James Love" <love at cptech.org>
> Cc: "ncc" <discuss at icann-ncc.org>
> Sent: Tuesday, March 05, 2002 10:23 AM
> Subject: Re: [ncdnhc-discuss] taking politics out of the .org delegation
> 
> 
> > At 12:01 PM -0500 3/4/02, James Love wrote:
> > >To those working on the .org, issue, I would like to expand upon comments
> we
> > >have offered in off-line discussions and in some written comments we have
> > >made in various fora, including on the .us redelegation, as it relates to
> > >how one addresses the potential windfall when someone suddenly is given
> the
> > >right to run an existing TLD registry that has potentially a signficant
> > >economic value.
> > >
> > >One approach would be to award the contact to the low bidder, subject to
> > >constraints such as not letting Verisign bid, to promote competition
> > >objectives.  But if people were not comfortable with awarding a contract
> to
> > >the low bidder, fearing some unsustainable lowballing strategy that would
> > >fail and end up in renegotiation, one might set a maximum registry price
> > >(the current ICANN practice), and then award the registry bid to the
> company
> > >that offered the highest bid (probably best in cash, but perhaps
> something
> > >else, such as a royalty from future revenues, maybe capped at some $$$
> > >number the firm bids).
> > >
> > >The competitive market would then set the market clearing price of the
> > >opportunity to run the TLD, and there would not be a ton of politics in
> > >terms of who gets it.
> > >
> > >Next, you would have to deal with the surplus.
> >
> > Are we certain there would be a surplus?
> >
> > There might be a substantial benefit to non-commercial organizations
> > if the retail price of a .org registration was cut substantially,
> > closer to cost, rather than charging a higher price in order to run a
> > surplus/profit.
> >
> > I only raise it because a lot of people talk about .org as a cash cow
> > when it might not be one.
> >
> > r
> >
> > --
> >
> > Rob Courtney
> > Policy Analyst
> > Center for Democracy & Technology
> > 1634 Eye Street NW, Suite 1100
> > Washington, DC 20006
> > 202 637 9800
> > fax 202 637 0968
> > rob at cdt.org
> > http://www.cdt.org/
> >
> >   --
> >
> > Add your voice to the Internet policy debate!
> >     JOIN THE CDT ACTIVIST NETWORK!
> >       http://www.cdt.org/join/
> > _______________________________________________
> > Discuss mailing list
> > Discuss at icann-ncc.org
> > http://www.icann-ncc.org/mailman/listinfo/discuss
> >
> 
> 
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> 

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