[At-Large] Recommendation on contract enforcement by the public

[Izumi AIZU]

I personally am of course in favor of this resoution, and
just forwarded Wendy's draft to AP RALO discussion list.
I hope they will make some comments and contributions.

izumi


2007/3/17, Wendy Seltzer <wendy at seltzer.com>:
>
> Vittorio Bertola wrote:
> > Wendy Seltzer ha scritto:
> >> [Third time's the charm?  Apparently my earlier attempts to post this
> >> were eaten by a spam blocker.]
> >>
> >> If ICANN't keep a contract, let the public enforce it
> >
> > (Perhaps, to make the text more readable, we should put a brief
> > introduction plus the resolution at the beginning, and move the
> > rationale to an appendix, as Izumi did.)
>
> Sounds like a good idea.
> >
> >> Resolved that:
> >> Recognizing that the public Internet users are intended beneficiaries
> of
> its contracts
> >> ICANN should strike the "no third-party beneficiary" language from its
> >> Registrar Accreditation Agreements and Registry Agreements;
> >>
> >> ICANN should promptly adopt a schedule and provisions for escrowing of
> >> data from all registrars, as envisioned in RAA 3.6
> and from registries.
> >
> > Can I propose a couple more points? I think that there are some more
> > general lessons to be learned: if ICANN doesn't raise the priority level
> > of "registrant protection", we risk getting into similar problems again
> > in the future. So I would add a couple of additional resolutions such
> as:
> >
> > * ICANN should be more responsive to registrar misbehaviour or failure
> > that affects a significant number of registrations, using its
> > credibility, "moral suasion" and contractual opportunities to help their
> > prompt resolution; it should also deploy appropriate instruments
> > (complaint forms, news monitoring etc.) to proactively obtain early
> > warning about the insurgency of such problems.
>
> I'm not sure.  I don't want ICANN to become a consumer protection
> agency, because I don't anticipate that it will do any better job at
> that than in any of its other mission-creep roles.  I'd rather push on
> expanding opportunities for referral to outside enforcement, perhaps
> with some self-regulation to avoid that enforcement.
>
> --Wendy
>
> >
> > * ICANN should foster the bottom-up development of best practices for
> > registrars and domain name resellers, on matters such as information
> > passed on to customers, domain name administration procedures, transfer
> > and renewal policies, etc., to help the industry reach better and more
> > predictable standards in the service offered to customers.
>
>
> --
> Wendy Seltzer -- wendy at seltzer.org
> phone: 718.780.7961 // fax: 718.780.0394 // cell: 914.374.0613
> Visiting Assistant Professor of Law, Brooklyn Law School
> Fellow, Berkman Center for Internet & Society
> http://cyber.law.harvard.edu/seltzer.html
> http://www.chillingeffects.org/
>
> _______________________________________________
> ALAC mailing list
> ALAC at atlarge-lists.icann.org
>
> http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
>
> www.alac.icann.org
> www.icannalac.org
>
>


-- 
                      >> Izumi Aizu <<

             Institute for HyperNetwork Society
             Kumon Center, Tama University
                             * * * * *
              << Writing the Future of the History >>
                               www.anr.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://atlarge-lists.icann.org/pipermail/at-large_atlarge-lists.icann.org/attachments/20070317/367a193f/attachment.html