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The new organization called Coalition for ICANN Transparency (CFIT) has filed a lawsuit against ICANN and VeriSign in order to stop implementation of the proposed .com registry agreement. According to its description, “CFIT is a not-for-profit Delaware corporation based in Washington, D.C. CFIT’s supporters include individuals, organizations, institutions and companies who are committed to the core principles on which ICANN, the internet governing body is founded.”
In a post by Michael Froomkin on the ICANNWatch website, the following treat is particularly significant in the lawsuite: “In addition to these injunctions, CFIT is alerting the U.S. Department of Justice of the significant anticompetitive issues the proposed .com Registry agreement would provoke. We are filing a preliminary complaint with the European Commission detailing similar issues.” I’m not sure that this Justice Department will care, says Froomkin, “but I suspect that the EU will care quite a bit.”
The following is an excerpt from the CFIT announcement today:
“ICANN has vacated its government-mandated obligation to maintain competition and prevent discrimination in markets related to Internet domain names by succumbing to VeriSign’s strong arm tactic and allowing it to leverage its limited-duration contractual control over .com and .net into a permanent control over those registries and over adjacent markets segments for various domain name services,” said Markham.
The action seeks to enjoin the signing and implementation of a proposed .com agreement announced late last month; an injunction against VeriSign’s monopoly leveraging conduct; an injunction requiring ICANN to adhere to its government mandate to maintain competition and prevent discrimination in the domain marketplace; and an injunction to entertain competing bids for the operation of the .com registry. The suit notes that if the proposed agreement is signed, it would also create problems that do not now exist including:
- Erosion of the Internet community’s role in determining policy
- Locked in price increases adding $1.5 billion to the cost to consumers without economic justification as called for in every other ICANN/registry agreement (with exception to .net, another VeriSign contract), as compared to the amounts that consumers would likely pay under a competitively bid agreement
- Expansion of VeriSign’s contractual control to the detriment of competitive segments of the market
- Permanent control of the .com database granted to VeriSign
- Reduction in the traditional role of U.S. government oversight
The World of Domain Name Developers Inc., has also asked the court to stop ICANN from allowing VeriSign Inc. to maintain control of the lucrative “.com” domain until 2012.
In a recent public statement by Tim Ruiz of the Go Daddy Group posted on the ICANN-VeriSign settlement comment page, he says: “ICANN recently announced that it has reached a proposed agreement to end all pending litigation with VeriSign. We understand the ICANN Staff?s desire to find an amicable resolution to this long-standing dispute. The Go Daddy Group has supported and will continue to support the principles under which the ICANN was formed. However, we believe that the proposed new .COM Registry Agreement indicates that the Staff has lost touch with those principles and the proposed agreement should not be approved without the following changes…”
Sponsored byCSC
Sponsored byVerisign
Sponsored byDNIB.com
Sponsored byVerisign
Sponsored byIPv4.Global
Sponsored byRadix
Sponsored byWhoisXML API
Forgive me if I’m too cynical here but there are an aweful lot of people involved with DNS who mostly see it as something they can leverage for profit or political power. Could this group be any different?
Lets see… Nice website, spiffy Washington D.C. mailing address, cute acronym, I’m asked to write my Congress person, but not a drop of information about who is behind it or who is on the board. Is Marcie Hatch really spearheading a grass roots campaign to take back the Internet, or is this merely a wouldbe Verisign competitor looking to astroturf their way to a bid on the cash cow?
Steve Jackson Games should release a DNS version of their Illuminati card game. Call it “ICANN New World Order.”
So, is this http://www.cfit.info/ organization the same or different from the http://wadnd.com/ organization that also announced today that they were suing ICANN?
Rick Schwartz of WADND posted in 1 domain forum they’re working closely with CFIT. Actually 2, but the 2nd’s a paid forum.
One paid-forum member found this press release from 1and1, although he can’t find any link from their site about this so far:
I sent the following to the comments section of the cfit.info site, but in case it is not posted there.
Can I see some CFIT transparency? Is there a list “CFIT’s supporters, that is those “individuals, organizations, institutions and companies” backing CFIT and it’s mission?
I get the impression that there is an impressive list of registrars supporting CFIT, but I don’t see confirmation of that on the site. Perhaps I’ve missed something?
From what I’ve found so far:
Directors
————-
Jason Eberstein, Treasurer and Secretary (employed by Momentous.ca?)
Tony Farrow (Pool.com CEO)
Howard Neu (Lawyer, neulaw.com)
Jennifer A. Ross-Carriere, CEO (lawyer at Momentous.ca and contact for many registrars)
Spokesperson
——————
John Berard (zenogroup.com)
.(JavaScript must be enabled to view this email address)
Media Contact
——————-
Marcie Hatch
.(JavaScript must be enabled to view this email address)
Note: zenogroup appears to have also done PR for Pool.com
Supporters
—————
Michael A. Geist, University of Ottawa, Faculty of Law
Keith Butler, CFIT attorney
Richard Chambers, R. Lee Chambers Company LLC
Tony Farrow, CEO Pool.com and CFIT director
Taryn Naidu, President, Pool.com
Who and what else am I missing or have incorrect? Thanks for the info!
Anyone who was in the room at the special session on the .com deal held yesterday in Vancouver during the ICANN meeting would know that there is broad support for the goals and objectives of CFIT.
CFIT itself grew out of concerns with the elements of the deal when it was described by ICANN staff on a conference call October 24. More than the surprise of the announcement and the anti-competitive elements of its intent, the group on the phone that day reacted to the lack of transparency of the entire effort.
Under the cover of “negotiations between two parties,” advocates for this deal have sought to avoid the kind of scrutiny that was the hallmark of the community at ICANN’s founding. This is what needs to be revived; it is a key goal of CFIT and all those who support its goals.
Every organization needs money to operate, there is no attempt to hide that need in modern society. What sould not be overlooked is that CFIT is but one member of the group working to bring some sense of the market and reality to ICANN
John K, thanks for examining and bringing up the list of directors. I recognize one of them: Howard Neu.
Howard Neu is on the Board of Directors for WADND as well. He’s one of the domain name industry’s “seasoned” attorneys.
That list you also provided helps confirm some of the registrars and other companies in the industry are indeed supporting this cause.
Round 1 goes to ICANN:
http://www.icann.org/announcements/announcement-30nov05.htm