[lac-discuss-en] [WHOIS-WG] Internet Security Audit Report - WHOIS Audit and RAA Contractual Compliance

[Carlton Samuels]

Now then, here is an interesting conundrum.   Here's Network Solutions:

"and had KnujOn bothered to confirm with appropriate officials, KnujOn would
have learned that registrars formally asked ICANN earlier this year to
determine that "no individual or entity is able to exercise market power
with respect to registrations," thereby obviating the need for a bulk WHOIS
access provision under Section 3.3.6.  *We are awaiting ICANN's
determination, and have put any third party requests for bulk WHOIS access
on hold pending that decision."*

>From where I sit, this matter has always been about compliance enforcement
and its connection to one of the pillars of the AoC; transparency and
accountability, emphasis on the accountability part here.

When preachers tell me that I assure my way to heaven by giving generously
I instinctively hold onto my pockets.  So it is with this statement. Parse
it and think contextually, and it does this come over as a UNILATERAL
suspension of a clause in a contract by Network Solutions. Furthermore, it
reads like this is what is being said to ICANN "oh, by the way, take as long
as you want to decide but this trigger is in play. Until you do, know that
we are suspending any and all actions to which we are obliged by this
clause.'

I do not hold KnuJon's brief so it shall answer for itself.  But here, writ
large, is the scant regard for contractual obligations enumerated.  The tail
is wagging the dog here.

Carlton Samuels

Disclosure: I worked for Network Solutions in its 8(a) stage whenTy
[Grigsby], Emmit [McHenry]  et. al. were principals.

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On Tue, Jun 29, 2010 at 4:09 PM, Michele Neylon :: Blacknight <
michele at blacknight.ie> wrote:

>
> On 20 Jun 2010, at 11:31, Carlton Samuels wrote:
>
> > See a very important piece of work by KnuJon, one of our member ALS from
> NARALO.
> >
> > http://www.knujon.com/ddb_master_draft.pdf
> >
> > Carlton Samuels
>
> Paul Diaz, from Network Solutions, has posted in detail on this over on
> CircleID:
>
> http://www.circleid.com/posts/who_is_blocking_whois_part_2/#6669
>
> It's worth reading
>
> Regards
>
> Michele
>
>
>
> Mr Michele Neylon
> Blacknight Solutions
> Hosting & Colocation, Brand Protection
> ICANN Accredited Registrar
> http://www.blacknight.com/
> http://blog.blacknight.com/
> http://blacknight.mobi/
> http://mneylon.tel
> Intl. +353 (0) 59  9183072
> US: 213-233-1612
> UK: 0844 484 9361
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> Twitter: http://twitter.com/mneylon
> -------------------------------
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>
>