[lac-discuss-en] Fwd: Re: Follow-up on an inquiry Durban During Public Forum

[apisan at unam.mx]

[[--Translated text (es -> en)--]]

 Subject: Re: Fwd: Re: Follow-up on an inquiry Durban During Public Forum 
 From: apisan at unam.mx

 Ada, 


 in my turn thank you very much for your message. 


 What most motivates me to write the previous mo is to clarify the overall scheme of ICANN: the construction of a system for the overall coordination of the DNS (in this case, setting aside for the moment the functions related to IP addresses and parameters of the IETF protocols) based exclusively on private law with cross-jurisdictional scope. 


 In this scheme estconcebido ICANN as an entity of protection of consumer rights (of domain name registrations) for several reasons. Among them estque standard consumer protection staff spends heavily pas, and also is strong variation in how consumers defends, and that the constitution ICANN n will have to be very different and have extraordinary powers unless point, far away from their core tasks.


 Also weigh the fact that registrants of domain names can be either individuals, nonprofit companies, nonprofit organizations of all kinds, and even government entities. This ANMS adds complexity to the definition of the possible rights of registrants, as well as ilustraste in your first message. The same, incidentally, applies mutatis mutandis to intellectual property, privacy, data protection, obligations of registrants, etc.. 


 However, we have some in ICANN ICANN Employe always work with some principles of ethics and accountability to all "stakeholders", among which is easy to minimize other individuals with names. As has been observed, Fadi Chehade has intensified the focus on the commercial interests of the domain name industry ESTN bounded in the space of ICANN, is seen in the increase of the area authority and capacities of "Compliance" and initiatives such as defining the obligations of the registries and registrars regarding registrants.


 Estclaro that there is a structural nature colisino tension between registrants on one side and the other registries and registrars, is there in any situation between buyers and sellers or service providers. 


 As clearly explained in note Elsner Samantha original reference of this sequence of messages, in the renegotiation of the RAA has introduced the issue of obligations to registrants. You can see the discussion about "rights" or "benefits" almost like a stenographer to describe the counterpart of the obligations of the records (in some cases communicable Travs recorders) to registrants. 


 Without a lawyer, as you know, for the past months I have been subjected to a diet rich in cognitive General Theory of Obligations, asque ANMS appreciate your excellent explanations.


 Finally comment that much more formally comply with the requirement of active participation, greatly appreciate your notes as ESTN exactly in the spirit of collective growth of generation capacity and bonds of trust in scheme "Web of Trust" that forms the conceptual basis of the At-Large structure as built in 2003. Let there ms. 


 Alejandro Pisanty 




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 ________________________________________ 
 From: lac-discuss-es-bounces at atlarge-lists.icann.org [lac-discuss-es-bounces at atlarge-lists.icann.org] on behalf of Aida Noblia [aidanoblia at gmail.com] 
 Posted on: Sunday, November 10, 2013 15:19 
 To: <lac-discuss-es at atlarge-lists.icann.org> , Alexander Pisanty 
 Subject: Re: [lac-discuss-es] [At-Large] Fwd: Re: Follow-up on an inquiry Durban During Public Forum 


 Alejandro: 


 Thanks for your extensive explanations, help me to know more on 
 ecosystem. Vlo on the RAA, some documents and discussions and 
 tena clear the existence of the three parts., and something about the 
 Ruling in which the title is in question. 


 Do not remember seeing the ruling RRA, although there are many 
 documents on so many issues that I can not say for sure. Whereupon you 
 doubly grateful because tratarde see that document. 


 But what I was now relealgo referay the RAA and especially 
 that title is so important and laying asked.More allde 
 the consequences and the environment in which ESTN the terms, what I 
 refera is what we as users can perceive. 
 It is very possible that I estequivocada because I have surely all 
 t have elements. 


 I understand that your preocupacin is clear that the function of ICANN is 
 nonprofit. I do not mean to question it, it is clear that it is a 
 Nonprofit organization that serves a very important function. 


 Only I look from an outside perspective and first I set the 
 common sense of the words. 


 The point seemed to be to elucidate the meaning of the words, so 
 simple but accurate, then used in the title of this article of the 
 WHO RAA best understandable. The question in principle suggests 
 on the difference between right and benefit .. 


 According I have understood the word technician law has a sense of 
 Jurdica rule or law as right as the power that a person has 
 to require compliance with a behavior or something done by 
 other.


 The standard jurdica have different ranges, the law is one of them. Is 
 general character. Forces in general eg all the inhabitants of 
 a country, or all traders, according to parks is what legisl. 


 The law ESTN make those authorized in each country to make it. ICANN 
 estautorizado not make laws but sYou can set standards governing the 
 service provided to the community. Whoever accepts aa reaches agreements with 
 ICANN and who does not accept no. 


 The contract also is a standard, but is a particular rule as 
 regulates a situation, which arises from an agreement between the parties, and it is among the 
 parties sign it. There is a general rule. As a rule, the contract or 
 agreement of the parties may have an enforceable, the same parties are 
 submit to fulfill obligations .. 


 The RAA entered the category of contract, the contract also 
 can establish that disputes be resolved by arbitration. . A 
 agreement can bring benefits to a third party.The registry is a 
 regulaciny activity requiring compliance control to avoid being 
 the detriment of the third. 


 On the other hand the benefit is something that is considered favorable for 
 person who receives it, in this case the third party right adquirirel 
 using the domain name. Ahsupongo that lies that other agreement that 
 mentioned: the RRA. 


 The recorder appears as a bridge between ICANN and beneficiary of 
 system. 


 I guess if people who know more about these issues as Vanda ot 
 thus believe there is a significant foundation for it. 


 I apologize for these arguments in public. I generally prefer 
 ms have ideas of the matter finished. One is to meet the requirement 
 of active participation, which I think also important. 


 I for one appreciate the clarification, I have been very illuminating. 




 Regards 






















 - 
 Aida Noblia 
 _______________________________________________ 



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