ISOC sells PIR
Peter Micek
petermicek at GMAIL.COM
Fri Nov 15 09:35:58 EET 2019
This is unsettling.
We see this as an inside deal
<https://domainnamewire.com/2019/11/13/breaking-private-equity-company-acquires-org-registry/>
.
The Ethos Capital domain was just registered at the end of October. The
"chief purpose officer" is a former senior VP of ICANN.
The CEO Erik Brooks moved over from Abry Partners, which acquired Donuts
<http://abry.com/investment/donuts/> (a massive holder of domain
registrations) last year. Abry installed the former ICANN president of
global domains as the new Donuts CEO when Donuts co-founder Jon Nevett left
to become CEO of the PIR.
It appears
<https://domainnamewire.com/2019/11/13/the-interesting-connection-between-the-org-deal-and-icann/>
former ICANN CEO Fadi Chehadé, now a senior advisor at Abry, was likely
very involved in putting the deal together.
Did ISOC carry out a human rights impact assessment, consulting potentially
affected stakeholders and mitigating any risks identified, before
undertaking this major business deal that could impact all of civil society
that depends on .org? If not, why do we accept less from our allies than
we demand of major corporations?
Pete
On Thu, Nov 14, 2019 at 11:57 PM dorothy g <dgdorothydg at gmail.com> wrote:
> This situation clearly needs an in-depth study. It sounds like we are well
> on the way to a classic internet governance case study which will give us
> insights into the rot that is at the core of the current domain name
> system. It seems so sad that something that was created and shared freely
> is now 'easy pickings' for those with insider knowledge. This does not bode
> well for ISOC's reputation or that of the principles. Does anyone know of
> any session at this years IGF that perhaps will address some of these
> issues?
>
> best
>
> On Fri, Nov 15, 2019 at 1:03 AM Neal McBurnett <neal at bcn.boulder.co.us>
> wrote:
>
>> Here is some more press, explicitly digging out the relationships.
>>
>> The interesting connection between the .Org deal and ICANN
>>
>> https://domainnamewire.com/2019/11/13/the-interesting-connection-between-the-org-deal-and-icann/
>>
>> Neal McBurnett http://neal.mcburnett.org/
>>
>> On Thu, Nov 14, 2019 at 06:19:11PM +0000, Mueller, Milton L wrote:
>> > The purchase has not been completed yet, so the notification we all
>> received may (or may not) formally serve as their notice to
>> > ICANN, but if it doesn’t, then there is still plenty of time.
>> >
>> >
>> >
>> >
>> >
>> > From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> On Behalf Of
>> Michael Karanicolas
>> > Sent: Thursday, November 14, 2019 9:50 AM
>> > To: NCSG-DISCUSS at LISTSERV.SYR.EDU
>> > Subject: Re: ISOC sells PIR
>> >
>> >
>> >
>> > Given how catastrophic the invocation of art. 7.5 would be for both PIR
>> and for ISOC, I would be amazed if they'd made a mistake
>> > like failing to inform ICANN of the purchase. Indeed, I would assume
>> they consulted extensively with ICANN in laying the groundwork
>> > for this sale, and got organizational buy-in from the earliest stages
>> of the discussions. I doubt very much ICANN is going to
>> > invalidate the registry agreement.
>> >
>> >
>> >
>> > That said, and as Stephanie noted at the outset, all of this casts the
>> previous discussion over the new contract in a different
>> > light, given that ICANN almost certainly knew that a sale was being
>> discussed. I seem to recall that they leaned heavily on past
>> > precedent, and that PIR had not previously utilized the price increases
>> available to it, in arguing that they could be trusted with
>> > the pricing change. If they knew that a sale to new (and likely more
>> financially demanding) ownership was just over the horizon,
>> > that whole line of argument seems very disingenuous.
>> >
>> >
>> >
>> > Michael Karanicolas
>> >
>> > Resident Fellow
>> >
>> > Yale Law School
>> >
>> >
>> >
>> > On Thu, Nov 14, 2019 at 9:08 AM Joan Kerr <joankerr at fbsc.org> wrote:
>> >
>> > Hi Caleb,
>> >
>> >
>> >
>> > I am not sure that ISOC/PIR gave notice to ICANN, I am sure they
>> have. The Chief Purpose Officer, Nora Abusitta-Ouri
>> > previously worked at ICANN, so would know the rules and
>> requirements to be addressed.
>> >
>> >
>> >
>> > Regards,
>> >
>> >
>> >
>> >
>> >
>> > On Wed, Nov 13, 2019 at 11:40 PM Caleb Olumuyiwa Ogundele <
>> muyiwacaleb at gmail.com> wrote:
>> >
>> > And here is the first red flag raised and quoted by @IGPAlert
>> on twitter.
>> >
>> >
>> >
>> > Re: the sellout of .org, under art. 7.5 of the PIR contract,
>> PIR has to provide ICANN with 30 days’ notice of any change in
>> > control, and ICANN can respond by terminating the agreement
>> #PIR #ORG #ICANN
>> >
>> >
>> >
>> >
>> >
>> > Was ICANN notified and was there any notice to critical
>> stakeholders SO /AC?
>> >
>> >
>> >
>> > On Thu, Nov 14, 2019, 2:19 AM James Gannon <lists at icann.guru>
>> wrote:
>> >
>> > The purchasing entity is ethos capital a Delaware
>> corporation formed 4 months ago with many familiar faces involved.
>> > https://ethoscapital.com/
>> >
>> > ---
>> > James Gannon
>> >
>> > On 14.11.19, 02:00, "Carlos Afonso" <ca at cafonso.ca> wrote:
>> >
>> > Yes, they are the same: Ethos and Ethos Capital are
>> from the same group.
>> > Even the web pages are almost identical, and several
>> officers sit on
>> > both. As if this would make a significant difference,
>> but...:
>> >
>> > http://www.ethos.co.za/
>> > https://ethoscapital.mu/
>> >
>> > fraternal regards
>> >
>> > --c.a.
>> >
>> > On 13/11/2019 22:53, James Gannon wrote:
>> > > Ethos the South African firm is not the same firm
>> that has aquired PIR.
>> > >
>> > > ---
>> > > James Gannon
>> > >
>> > > On 14.11.19, 01:48, "NCSG-Discuss on behalf of Carlos
>> Afonso" <NCSG-DISCUSS at LISTSERV.SYR.EDU on behalf of
>> > 0000103799ed46a9-dmarc-request at LISTSERV.SYR.EDU> wrote:
>> > >
>> > > Also, the official statement from ISOC mentions
>> that Ethos Capital is "a
>> > > strong strategic partner that understands the
>> intricacies of the domain
>> > > industry and has the expertise, experience and
>> shared values to further
>> > > advance the goals of .ORG into the future".
>> > >
>> > > Just checked their two main websites (Ethos
>> Capital and Ethos) - there
>> > > is no trace of former experience in dealing with
>> domain names (the
>> > > acquisition of a South African service provider
>> in 2018
>> > > notwithstanding). "Shared values" with a
>> financial speculator whose aim
>> > > is just profit?
>> > >
>> > > But, let us face it, everyone knows that PIR was
>> as flexible as any
>> > > other registry in accepting anyone with a valid
>> international credit
>> > > card for .org. When the domain was auctioned, APC
>> was the other
>> > > contender, with a clear proposal to keep the
>> domain as the lair of
>> > > non-profits. Pity it did not win...
>> > >
>> > > fraternal regards
>> > >
>> > > --c.a.
>> > >
>> > > On 13/11/2019 15:55, Sam Lanfranco wrote:
>> > > > Thanks Stephanie,
>> > > > While PIR said, as recently as last week to me,
>> that PIR was not
>> > > > considering raising .org registration fees,
>> > > >
>> > > > I suspect that the new owners will feel that
>> they are under no obligations
>> > > > to observe the PIR position.
>> > > > Oddly, the Ethos website misspells the title of
>> the CEO: Peter
>> > > > Hayward-Butt, CHEIF EXECUTIVE OFFICER
>> > > > We shall see.
>> > > > Sam Lanfranco
>> > > > ---- Original Message ----From: Stephanie Perrin
>> > > > To: NCSG-DISCUSS at LISTSERV.SYR.EDU
>> > > > Sent: Wed, Nov 13, 2019, 12:41 PM
>> > > > Subject: ISOC sells PIR
>> > > > I must say, this casts the decision to
>> drop price caps for .org in a
>> > > > slightly different light. I will keep you
>> posted as I learn more.
>> > > >
>> > > >
>> https://www.businesswire.com/news/home/20191113005661/en/
>> > Ethos-Capital-Acquire-Public-Interest-Registry-Internet
>> > > > (
>> https://www.businesswire.com/news/home/20191113005661/en/
>> > Ethos-Capital-Acquire-Public-Interest-Registry-Internet)
>> > > >
>> > > >
>> > > > Stephanie Perrin
>> > > >
>> > > > NCSG Chair
>> > > >
>> > > >
>> > >
>> > > --
>> > >
>> > > Carlos A. Afonso
>> > > [emails são pessoais exceto quando explicitamente
>> indicado em contrário]
>> > > [emails are personal unless explicitly indicated
>> otherwise]
>> > >
>> > > Instituto Nupef - https://nupef.org.br
>> > > ISOC-BR - https://isoc.org.br
>> > >
>> > >
>> >
>> > --
>> >
>> > Carlos A. Afonso
>> > [emails são pessoais exceto quando explicitamente
>> indicado em contrário]
>> > [emails are personal unless explicitly indicated
>> otherwise]
>> >
>> > Instituto Nupef - https://nupef.org.br
>> > ISOC-BR - https://isoc.org.br
>> >
>> >
>> >
>> >
>> >
>> >
>> > --
>> >
>> > Joan Kerr, Entrepreneur, Artist, Humanitarian
>> >
>> > _____________________________________
>> >
>> > Chair, Climate Smart Victory Garden Team
>> >
>> > Chair, ICANN, Not for Profit Operations Constituency
>> >
>> > Chair, IEEE Sustainable Agriculture Working Group
>> >
>> > Chair, Science for Peace, Climate Smart Victory Gardens
>> >
>> > Advisor, IEEE Humanitarian Initiatives Committee
>> >
>> > Advisor, Climate Smart Agriculture Youth Network, (CSAYN) Canada
>> >
>> > UN WSIS Award Recipient, for Content & Creativity
>> >
>> > Durham Region Recipient, Community Partnership Award
>> >
>> > Founder, Foundation for Building Sustainable Communities
>> >
>> > www.joankerr.ca, www.fbsc.org
>> >
>> > Skype: joankerr_fbsc
>> >
>> > 1-416-907-0783
>> >
>>
>
>
> --
> Dorothy Gordon
>
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