[ALAC] Fwd: Follow-up on an enquiry during Durban Public Forum

Thu Sep 26 02:59:43 UTC 2013

Great job!

-Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================

On Wed, Sep 25, 2013 at 8:36 PM, Olivier MJ Crepin-Leblond <ocl at gih.com>wrote:

> FYI -- as a follow-up to Evan's request on the ALAC list, as well as the
> Action Item assigned to me during the ALAC call.
> I'll let you know of replies.
> Kind regards,
>
> Olivier
>
>
> -------- Original Message --------
> Subject:        Follow-up on an enquiry during Durban Public Forum
> Date:   Thu, 26 Sep 2013 03:33:18 +0200
> From:   Olivier MJ Crepin-Leblond <ocl at gih.com>
> To:     Fadi Chehade <fadi.chehade at icann.org>
> CC:     Steve Crocker <Steve at shinkuro.com>, Secretary
> <secretary at icann.org>, ICANN AtLarge Staff <staff at atlarge.icann.org>,
> Olivier MJ Crepin-Leblond <ocl at gih.com>, Evan Leibovitch <evan at telly.org>
>
>
>
> ALAC Correspondence Ref: AL-ALAC-CO-0913-01-00-EN
>
> Dear Fadi,
>
> I am following up on a question which was asked as an individual by my
> colleague Evan Leibovitch during the Public Forum in Durban:
>
> Quoting the transcript of the session, page 87:
>
> EVAN LEIBOVITCH: Thanks, Steve. I'm Evan Leibovitch, vice chair of the
> ALAC speaking on my own behalf. But this is based on a number of
> conversations with a number of people within the At-Large and elsewhere.
> Without coordinating it at all with Phil, it relates to something he
> said and it has to do with the relationship between benefits and rights.
> Somewhere, somehow, section 9 of the RAA had some strange search and
> replace happen where the words "rights" were taken out and
> "responsibilities" put in. Not only that but it was done in a confusing
> way. The document for section 9 heading says "benefits and
> responsibilities" and the first section talks about rights. Since then
> there have been many talks this week about rights and responsibilities.
> The "B" word hasn't been used anywhere, but there it is in the RAA. Can
> someone explain how it crept in, why it's there, and what is meant by
> the distinction between rights and benefits? I think to a lot of people,
> there's a very real distinction in the word. I'd like to know how it
> crept into the RAA.
>
> STEVE CROCKER: Management response here?
>
> FADI CHEHADE: We'll look into that. That's all I can say. I'm trying to
> find out some facts, but I appreciate your comment. I appreciate the
> distinction between the two. That's all I can say.
>
> --- end of transcript ---
>
> The ALAC has discussed this point during its August and its September
> monthly calls and on its mailing lists and this has proved to be a
> particularly important point which needed clarification. I am therefore
> writing to you to ask for this clarification.
>
> It is understood that the RAA is a legal contractual document, several
> copies of which were signed in Durban. The page in question is Section
> 9, entitled "Registrants' Benefits and Responsibilities", page 68.
>
> Until the title of this section appeared, the notion of "Registrant
> Rights and Responsibilities" was the notion that prevailed, certainly in
> the At-Large world. As Evan Leibovitch mentions in his comment during
> the public meeting, there is much difference between a Registrants'
> Rights and a Registrants' Benefits.
>
> But the confusion is then exacerbated by the fact that the next line on
> that same RAA page is a sub-heading of "Domain Name Registrants' Rights"
> and the list printed on that page very clearly reads as a list of
> Registrant Rights. RAA signatories are therefore clearly signing on a
> list of Registrants' Rights.
>
> Furthermore, Section 3.16 of the same RAA document points to "an
> educational webpage summarizing the terms of the Registrar Accreditation
> Agreement and related Consensus Policies (as of the date of this
> Agreement, located at:
>
> http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm)
> ."
>
> On the other hand, Section 3.7.10 mentions "Registrants' Benefits and
> Responsibilities" as: "Registrar shall publish on its website(s) and/or
> provide a link to the Registrants’ Benefits and Responsibilities
> Specification attached hereto and shall not take any action inconsistent
> with the corresponding provisions of this Agreement or applicable law."
>
> and:
>
> "3.12.7 Its Resellers shall publish on their website(s) and/or provide a
> link to the Registrants’ Benefits and Responsibilities Specification
> attached hereto and shall not take any action inconsistent with the
> corresponding provisions of this Agreement or applicable law."
>
> So what we have is references to both Rights and Benefits, and I, like
> my colleague Evan Leibovitch, would like to point out that these are
> entirely different words meaning entirely different things -- and I note
> that from your response in the ICANN Public Forum, you appreciate the
> distinction between the two.
>
> Would you then please kindly provide clarification as to how the title
> of that section is called "Registrants' Benefits and Responsibilities"
> when there are clearly no "Benefits" but indeed there are "Rights" listed?
>
> Warmest regards,
>
> Olivier MJ Crépin-Leblond
> ALAC Chair
>
>
>
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