Niels



> -----Original Message-----

> But as far as I understand currently there is a presumption of renewal even if

> there is a material breach of contract. 



No, that negates the presumption.  Can you provide examples of registries who have engaged in material breach of contract?



> The standards for renewal seems to be

> very low, which is why one could argue that it is anti-competetive, and in the

> bad for the end-user. There seem to be very few incentives for the operator

> to comply in good faith.



The prospect of losing their TLD seems like a rather huge incentive to comply with contracts. 

 

You seem to be confusing the renewal process with competition. Competition takes place in the market for domain name registrations, primarily. There are many options out there. If service is bad, they lose customers. They can also be sued by their customers. That's the most important form of discipline and competition. A threat to take away the entire TLD on the other hand, is like a nuclear option. It strongly punishes the incumbent, but we have no certainty that the replacement will be better, other than the promises they make ex ante.  



Here's another argument that you need to consider. A non-presumptive renewal kicks into motion a highly politicized and potentially irrational process that can work against internet freedom.



Let me give you one simple example. Our old friend John Carr, a major advocate of systematic content regulation of the Internet, has filed public comments that .Net isn't doing enough to monitor and block domains that register child porn. I have no idea whether that charge is true, but I suspect .Net is doing what every other TLD is doing and ought to be doing, namely waiting for verifiable proof that such porn exists before acting to take it down, whereas the regulatory militants want them to be more pre-emptive. 



Now think about it. If you do away with presumptive renewal, you are literally inviting the John Carrs of the world, and every other special interest who wants to regulate the internet more, such as copyright and trademark interests, to challenge every renewal by making demands and holding their renewal hostage until they create policies more to their liking. Another bypass of the consensus policy development process. Another way to tilt the playing field away from freedom, innovation and competition and more towards fear, uniformity and control. No thanks.



--MM