[At-Large] [ALAC] Revised RAA amendment/motion

Sun Mar 1 17:22:33 EST 2009

Not all of this is bad news.

Note item 3.16, page 14...
Registrar shall provide on its web site its accurate contact details including a valid email and mailing address.

Glad to see this here. I think the registrars at minimum should be required to give as much information about themselves as registrants. That said, can we get more specific information in here: Registrar shall provide on its web site its accurate contact details including location of corporate headquarters, a valid email staffed for responses and a mailing address.

Note that under 4.2, Topics for New and Revised Specifications and Policies, there is a reference to:

4.2.5, prohibitions on warehousing of or speculation in domain names by registries or registrars...

Notice, also, 5.3, and following sections, pertaining to termination of agreement by ICANN, in which provisions are described for terminating contracts with registrars, including conviction in a court of competent jurisdiction of a felony or other serious offense....read on through item 5.3.7

Note that 5.7 appears to limit fines for bad behavior, however.

The no third party beneficiaries clause is 5.10.

________________________________________
From: at-large-bounces at atlarge-lists.icann.org [at-large-bounces at atlarge-lists.icann.org] On Behalf Of Danny Younger [dannyyounger at yahoo.com]
Sent: Sunday, March 01, 2009 4:12 PM
To: Alan Greenberg; At-Large Worldwide
Cc: ALAC Working List
Subject: Re: [At-Large] [ALAC] Revised RAA amendment/motion

All,

This is an attempt on the part of the registrars to push through a complete package with several objectionable elements.  They seek to toss you a bone in order to get your support.  Let's be honest about it -- the "no third-party beneficiaries clause" in the RAA makes it clear that there are no registrant rights.  You are being sold damaged goods.

--- On Sun, 3/1/09, Carlton Samuels <carlton.samuels at uwimona.edu.jm> wrote:

> From: Carlton Samuels <carlton.samuels at uwimona.edu.jm>
> Subject: Re: [At-Large] [ALAC] Revised RAA amendment/motion
> To: "Alan Greenberg" <alan.greenberg at mcgill.ca>
> Cc: "ALAC Working List" <alac at atlarge-lists.icann.org>, "At-Large Worldwide" <at-large at atlarge-lists.icann.org>
> Date: Sunday, March 1, 2009, 4:07 PM
> Alan:
> Congrats for hanging in there with this matter.
>
> If memory serves, what is proposed here has less elements -
> at least in the
> details where the devil resides - than originally posed but
> probably the
> most one could reasonably expect; Beau can confirm here.
>
> Giving ALAC a 2nd crack at participating in developing a
> Registrant Bill of
> Rights is definitely in the At-Large best interests and
> gives some level of
> assurance that other issues not now included may still be
> negotiated and
> adopted.
>
> I would recommend ALAC go with this.
>
> Carlton
>
> On Sun, Mar 1, 2009 at 1:59 PM, Alan Greenberg
> <alan.greenberg at mcgill.ca>wrote:
>
> > As you may remember, RAA amendment package that has
> been discussed needed
> > to be approved by a 66% majority of the GNSO to allow
> the Board to put the
> > changes in place.
> >
> > For a variety of reasons, when the GNSO voted on this,
> it did not receive a
> > sufficient majority. There has been a discussion of
> various next-step
> > motions. The following motion has just been circulated
> to the GNSO Council.
> > As you will see, it is a cooperative effort of several
> constituencies.
> >
> > You will notice that a Registrant Bill of Rights, with
> a tight time-line,
> > has a prominent place in this proposal, and the ALAC
> is explicitly included
> > in the process.
> >
> > Your comments are welcome before the Wednesday morning
> GNSO meeting when it
> > will be discussed, and potentially voted on.
> >
> > Alan
> >
> >  Date: Sun, 01 Mar 2009 11:43:04 -0700
> >> From: Tim Ruiz <tim at godaddy.com>
> >> Subject: [council] Revised RAA amendment/motion
> >> To: council at gnso.icann.org
> >> Cc: Mike Rodenbaugh <icann at rodenbaugh.com>
> >>
> >> This is the revised amendment/motion drafted by a
> drafting team
> >> comprised of representatives from the NCUC, IPC,
> and RrC. We tried to
> >> address most of the concerns that have been
> raised. Let us know your
> >> thoughts.
> >>
> >> Whereas, the Registrar Accreditation Agreement
> (RAA) has not been
> >> amended since May 2001, and ICANN has undertaken a
> lengthy consultative
> >> process related to amending the RAA, including
> several public comment
> >> periods and consultations;
> >>
> >> Whereas, the proposed changes to the RAA include
> important compliance
> >> and enforcement tools for ICANN; The Council
> wishes to approve the set
> >> of proposed amendments as quickly as possible so
> that the ICANN Board
> >> may review them, and if approved then implement
> them as quickly as
> >> possible; and
> >>
> >> Whereas,
> >>
> >> The Council would like to proceed on the drafting
> of a charter
> >> identifying registrant rights that registrars
> would be obliged to link
> >> to, as contemplated in the set of amendments;
> >>
> >> The Council would like a specific process and
> timeline to move forward
> >> with additional potential amendments to the RAA;
> and
> >>
> >> The Registrar Constituency is supportive of these
> efforts and is willing
> >> to participate on a good faith basis on
> anticipated next steps.
> >>
> >> Resolved:
> >>
> >> The GNSO Council supports the RAA amendments as
> documented in
> >>
> >>
> http://gnso.icann.org/drafts/current-list-proposed-raa-amendments-16dec08.pdf
> >>
> >> and recommends to the Board that they be adopted
> at its meeting of March
> >> 6, 2009;
> >>
> >> Within 30 days of Board approval of the set of
> amendments,
> >> representatives from the GNSO community and the
> ALAC shall be identified
> >> to participate in drafting a registrant rights
> charter, as contemplated
> >> by the amendments and the current GNSO Council
> discussions, with support
> >> from ICANN staff. A draft charter shall be
> completed no later then July
> >> 31; and
> >>
> >> Within 30 days of Board approval of the set of
> amendments, the GNSO
> >> Council will form a Drafting Team to discuss the
> amendments further and
> >> identify those that the community believes could
> be further revised
> >> through PDP processes or through additional
> changes to the RAA that may
> >> not fall within scope of a formal PDP process. The
> Drafting Team should
> >> endeavor to provide its advice to the Council and
> ICANN staff no later
> >> then July 31, 2009.
> >>
> >>
> >> Tim
> >>
> >
> >
> > _______________________________________________
> > ALAC mailing list
> > ALAC at atlarge-lists.icann.org
> >
> >
> http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
> >
> > At-Large Online: http://www.atlarge.icann.org
> > ALAC Working Wiki: http://st.icann.org/alac
> >
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