VIA FEDERAL EXPRESS Board of Directors
Dear Directors: This firm represents New.net. As the Internet Corporation for Assigned Names and Numbers (ICANN) is aware, New.net is a relatively new, market-based Internet addressing business, that seeks to add greater competition to the market for Internet domain names. We write as a result of recent efforts by the staff of ICANN both to malign New.net, and to discourage other parties from doing business with the company. New.net is particularly shocked and concerned by recent public statements of senior ICANN officers that: (i) New.net is "breaking the Internet," implying that New.net's product offering somehow does actual damage to how data is transmitted over the Internet; and (ii) New.net is "selling snake oil," implying that New.net is defrauding its customers. We can only assume that such defamatory statements are intended both to discourage Internet users from purchasing domain names through New.net, and to discourage prospective partners from working with New.net. New.net also is concerned about actions apparently being taken by senior ICANN officers to discourage key participants in the Internet industry from working with New.net. Moreover, New.net questions ICANN's other recent actions, including: (i) ICANN's creation of new "consensus policies" targeted directly at New.net's business, where no such consensus exists; and (ii) ICANN's attempts to use its substantial market position to compel other industry participants to agree to recognize ICANN's sole supremacy over Internet naming issues. In light of the above, New.net demands that ICANN publicly retract its recent defamatory and libelous statements, refrain from interfering with New.net's business relationships, and avoid taking inappropriate actions to discourage competition.
cc: Kerry Samovar, Esq. (Vice
President & General Counsel, New.net)
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