[lac-discuss-es] Fwd: User Rights at ICANN Meeting in Mexico

[Carlton Samuels]

FYI, another side of the user rights issue from the Governance list.

Regarding Danny's comment and if ICANN defines and declare rights, then it
assumes an agency function; it has a 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 user enters into
a contract, expressly or implied, for goods and services with somebody in
the value chain.  Somewhere in nation states all over! And once you begin to
talk about "rights" within the context of a contract, then folk will
naturally think "justiciable" rights.

I rather suspect the real problem here is ICANN is now left to define
"rights" in such a way that it does not compel - I say compel - ICANN to
initiate juridical action for enforcement, redress or remediation. It cannot
arrogate to itself a sovereign right and role. Neither can it afford to
seriously offend its principal funders. Or, saddle itself with unbounded
liabilities stretching way into the future.

Delicioso!

Carlton Samuels


---------- Forwarded message ----------
From: Danny Younger <dannyyounger en yahoo.com>
Date: Wed, Feb 11, 2009 at 2:49 PM
Subject: Re: [governance] Re: [Coalition] ICANN Meeting in Mexico
To: governance en lists.cpsr.org, Public Voice <
coalition en mailman.thepublicvoice.org>


Ginger,

In July 2008 ICANN published a series of proposed amendments to the
Registrar Accreditation Agreement -- one of those amendments was a direct
response to a 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 that ICANN gives reasonable notice to Registrar that ICANN has
published a webpage that identifies available registrant rights and
responsibilities, and the content of such webpage is developed in
consultation with registrars, Registrar shall provide a link to the webpage
on any website it may operate for domain name registration
or renewal clearly displayed to its Registered Name Holders at least as
clearly as its links to policies or notifications required to be displayed
under ICANN Consensus Policies."

Since this amendment was proposed, neither the ALAC nor any of the
proponents of this measure have acted to define such rights -- they haven't
even started.  If this rights subset hasn't been worked on at all in the
last year, I wouldn't hold my breath awaiting this Summit to yield a full
exposition of Internet User Rights.







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