Conclusion

The Guidelines, is a product of more than five months of meetings which typically lasted for more than three hours. This is in addition to the research and consultations conducted by members of the Adboard on the position of the different constituencies they represent. The primary aim of The Guidelines is to create an environment where competition in the PH ccTLD market can flourish and no individual or group of individuals can control the market except by providing superior service at the most cost-effective price. Although not a perfect instrument, it had been presented through two public hearings and subjected to an open consultation process through which it had received no serious objections nor challenges from any group nor individual except from Mr Disini and his DotPH company.

Mr Disini disagrees with the basic foundations of The Guidelines. It is not surprising that he would disagree with the provisions which are based on those foundations. The Disini Paper has shown that Mr Disini does not even recognize the power of the government to oversee the PH ccTLD. It attempts to stymie the entire reform process by

1. attempting to debate minutiae rather than the substantial issues and
2. raising a veiled threat that the PH ccTLD Domain Name System would cease to function should the government push for meaningful reforms

The threat is indeed real because Mr Disini controls the resources which could bring the entire PH ccTLD DNS into a halt. Should the PH ccTLD DNS be severely affected by his actions, Mr Disini is solely to blame, not the reform process itself.

Although Mr Disini has claimed that the Philippine government has no sovereign right over the PH ccTLD, he himself can not claim ownership of the PH ccTLD. Whether the proper entity which controls the PH ccTLD is ICANN or the USG or some other party, the Philippine government has the right to petition and negotiate with that entity in behalf of the Philippine Internet community. The Philippine government does not need Mr Disini's permission to start such negotiations.

It is the author's hope that with the full support of the local Internet community, with the exception of Mr Disini and his companies, the government will stay its course. It should be resolute in its avowed pursuit to open the PH ccTLD to the community and to ensure that a level playing field exists in the market.