[lac-discuss-en] Fwd: User Rights AT ICANN Meeting in Mexico

[carlton.samuels at uwimona.edu.jm]

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Subject: Fwd: User Rights AT ICANN Meeting in Mexico
From: carlton.samuels at uwimona.edu.jm

FYI, to another side of the to user rights issue from the Governance list. 
 
Regarding Danny's comment and if ICANN you define and declares rights,then it 
assumes an agency function; it there are to duty of care to enforce them and 
involve itself in the process to redress grievances arising from breaches. 
Well, we know enforcement is not ICANN's strong suit. 
 
Picture this. In order to get online, almost every Internet to user enters into 
to contract, expressly or implied, for goods and services with somebody in 
the value chain. Somewhere in nation states all to over! And eleven you begin to 
talk about "rights" within the context of to contract, then folk will 
naturally think "justiciable" rights. 
 
I to rather suspect the real problem here is ICANN is now left to defines 
"rights" in such to way that it does not compel - I say compel- ICANN to 
initiate juridical action for enforcement, redress or remediation. It cannot 
arrogate to itself to sovereign right and role. Neither dog itafford to 
seriously offend its main funders. Or, saddle itself with unbounded 
liabilities stretching way into the future. 
 
Delicious! 
 
Carlton Samuels 
 
 
Forwarded message 
From: Danny Younger <dannyyounger at yahoo.com> 
Date: Wed, Feb 11, 2009 AT 2:49 p.m. 
Subject: Re: [ governance ] Re: [ Coalition ] ICANN Meeting inMexico 
To: governance at lists.cpsr.org, Public Voice < 
coalition at mailman.thepublicvoice.org &gt; 
 
 
Ginger, 
 
In July 2008 ICANN published to series of proposed amendments to the 
To register Accreditation Agreement -- one of those amendmentswas to direct 
response to to concern first raised by the ALAC's Vittorio Bertola, namely 
that Registrant Rights be clearly detailed in the contract. 
 
The exact text of the amendment follows: 
 
"In the event reasonable that ICANN gives notice to Registrar that ICANN you have 
published to webpage that identifies available registrant rights and 
responsibilities, and the content of such webpage is developedin 
consultation with registrars, To register shall provide to Link to the webpage 
on any website it may operate for Domain Name registration 
or renewal clearly displayed to its Registered Name Holders ATleast ace 
clearly ace its links to policies or notifications required tobe displayed 
to under ICANN Consensus Policies." 
 
Since this amendment was proposed, to neither nor the ALAC any of the 
proponents of this measure have acted to defines such rights -- they haven't 
they even started. If this rights subset hasn't been worked onAT all in the 
last to year, I wouldn't hold my breath awaiting this Summit to yield to full 
exposition of Internet User Rights. 
 
 
 
 
 
 
 
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