[proposed letter] NCSG Concerns About the Sale of the Public Interest Registry to Ethos Capital

[Ayden Férdeline]

> ICANN has very limited tools to intervene mostly because it regulates through the contracts it has with the contracted parties (Would like to be corrected here if wrong.)  Well. it doesn't mean that we dont have a case, but  should be more strategic to ask for what can be done.

Hi,

Yes, ICANN sets policy by contract. In the proposed NCSG letter it asks ICANN to exercise a right that is set out in one of those contracts (the registry agreement). So we are asking for something that can be done?

Best wishes, Ayden

‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Tuesday, 3 December 2019 22:26, Liz Orembo <lizorembo at gmail.com> wrote:

> ICANN has very limited tools to intervene mostly because it regulates through the contracts it has with the contracted parties (Would like to be corrected here if wrong.)  Well. it doesn't mean that we dont have a case, but  should be more strategic to ask for what can be done. That would include ISOC/PIR accountability to the community especially around the basis through which it was awarded .org.
>
> On Tue, Dec 3, 2019 at 11:20 PM Ayden Férdeline <icann at ferdeline.com> wrote:
>
>> Hello. I am not proposing that ICANN stop the sale. If Ethos Capital wishes to acquire the transferable assets of PIR at market value, they can. But what I believe ICANN can control is the transfer of the registry agreements. If PIR is undergoing a change in controllership (and selling the organization does constitute such a change, I believe) this is an opportunity for ICANN to intervene. If this is not the case, I would like to understand why you think that way. I appreciate some think this may not be effective because the Board won’t act, but being unwilling to act is different to being unable to act.
>>
>> Best wishes, Ayden Férdeline
>>
>> On Tue, Dec 3, 2019 at 20:30, Liz Orembo <lizorembo at GMAIL.COM> wrote:
>>
>>> ICANN has no authority to stop the sale of PIR to a private entity.  But this sale is unethical from multiple dimensions and among other things will have a negative impact on the future of Multistakeholderism in the IG ecosystem.
>>>
>>> I bet no one saw this coming, and mixed with ISOC being too familiar at the time of auctioning contributed to this legal loophole.
>>>
>>> As NCSG I don't think our efforts to influence ICANN broad to halt this sale will yield anything.  But surely the board is free to issue an advise against the sale. The silence makes it seem like everything is okay or at least it is supporting this madness.
>>>
>>> On Tue, Dec 3, 2019, 21:19 Mueller, Milton L <milton at gatech.edu> wrote:
>>>
>>>> I’ve reviewed this letter and I think it takes the wrong approach and should be scrapped.
>>>>
>>>> It is basically asking ICANN to just stop the sale, which it has no real authority to do, and does not offer a viable set of protections for .org registrants.
>>>>
>>>> It’s about expressing anger and not about constructive response.
>>>>
>>>> Dr. Milton L Mueller
>>>>
>>>> School of Public Policy
>>>>
>>>> Georgia Institute of Technology
>>>>
>>>> [IGP_logo_gold block_email sig]
>>>>
>>>> From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> On Behalf Of Ayden Férdeline
>>>> Sent: Tuesday, December 3, 2019 7:51 AM
>>>> To: NCSG-DISCUSS at LISTSERV.SYR.EDU
>>>> Subject: [proposed letter] NCSG Concerns About the Sale of the Public Interest Registry to Ethos Capital
>>>>
>>>> Dear all,
>>>>
>>>> I have drafted a letter outlining some concerns about the proposed sale of PIR to Ethos Capital. [It is in a Google Doc here.](https://docs.google.com/document/d/1GNSxNtZ7k-TtvQkpVXhlSABxi0JYVzDNHU7zZCQtiPU/edit?usp=sharing) In a nutshell, I am calling for ICANN to exercise its right in article 7.5 of the .ORG, .NGO, and .ONG Registry Agreements to withhold its approval for ISOC to assign its rights and obligations to Ethos Capital. I hope that the NCSG might consider sending it. Feel free to make/propose edits directly into the document. If the NCSG does not feel comfortable sending it, perhaps interested individuals could sign on instead and we can send it off in our individual capacities? Thanks.
>>>>
>>>> Best wishes,
>>>>
>>>> Ayden Férdeline
>
> --
>
> Best regards.
> Liz.
>
> PGP ID: 0x1F3488BF
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