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

Danny Younger dannyyounger at yahoo.com
Sun Mar 1 17:30:08 EST 2009


Re:  "That said, can we get more specific information in here"

Sorry, you can't.  The registrars won't allow for any changes on anything.  It's a completely one-sided process (which is why it makes no sense to support the current registrar motion on the RAA).


--- On Sun, 3/1/09, Brendler, Beau <Brenbe at consumer.org> wrote:

> From: Brendler, Beau <Brenbe at consumer.org>
> Subject: Re: [At-Large] [ALAC] Revised RAA amendment/motion
> To: "At-Large Worldwide" <at-large at atlarge-lists.icann.org>, "Alan Greenberg" <alan.greenberg at mcgill.ca>
> Cc: "ALAC Working List" <alac at atlarge-lists.icann.org>
> Date: Sunday, March 1, 2009, 5:22 PM
> 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
> > >
> > _______________________________________________
> > At-Large mailing list
> > At-Large at atlarge-lists.icann.org
> >
> http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.icann.org
> >
> > At-Large Official Site: http://atlarge.icann.org
> 
> 
> 
> 
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