[Chapter-delegates] What's going on? As presented, the sale of PIR should be rejected by the Board

Sam Lanfranco lanfran at YORKU.CA
Wed Nov 20 12:14:38 EET 2019


Amr, 
	Thanks for the follow up. My earlier response was not in disagreement but
to try to focus what the issues are in the proposed sale of PIR by ISOC. In
response to my statement:  

	"The bigger issue, as an understanding with or without contract language,
is that PIR was expected to manage .org in the public interest. The cap on
registration fees was part of that strategy."  

	You ask: “Do you [I] have any references to this handy, because I
don’t think it’s correct? 

	At the contract language level you are correct. Specification 11,
“Public Interest Commitments” of the Registry Agreement between ICANN
and PIR mainly lists what PIR will not allow to happen in the .org domain
name space. There is no contract language with reference to the public
interest in general. 
	
https://www.icann.org/sites/default/files/tlds/org/org-agmt-html-30jun19-en.htm
(https://www.icann.org/sites/default/files/tlds/org/org-agmt-html-30jun19-en.htm)


	Many, including me, took the price cap as a decision in the public
interest.  

	The issue on the table is whether or not ICANN has any obligation to
consider the public interest impact of the proposed sale of not-for-profit
PIR to a for-profit buyer. ICANN can decide, on legalistic or ethical
grounds, to do something or to do nothing.  

	At a minimum the public interest stakeholder base is asking ICANN not to
remain silent here.   

	 Sam Lanfranco. NPOC 
	    
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