[NA-Discuss] Pre-registration statement and ALAC - update

ebw at abenaki.wabanaki.net ebw at abenaki.wabanaki.net
Fri Aug 26 03:54:50 UTC 2011


Evan,

Thank you for your summary of the discussion of contracted parties offering
some form of rights to domain names under the ICANN Registrar Accreditation
Agreements, and the still draft ICANN Registry Agreement, for some gTLDs
which may exist as early as 2013.

You point out the following:

	o if money is not exchanged until a condition is met, that such
	  offers are not consumer fraud, false advertizing, etc.

It could be useful to know if this view is informed by competent legal 
advice, and for which jurisdictions this view is supported by competent
legal advice.

The broader point I suspect is that while two thirds of all registrars
are domiciled in North American region, and less than 1% of all registrars
are domiciled in two of the five regions, the decision making structure
of the RALOs, as a group, ensures that the view of the regions with less
than 9 registrars between them can prevent the publication of bylaws advice
reflecting a common policy which views fictive offers as contrary to the
public interest.

With that I think we're done, as far as a uniform all-RALO statement on
a policy issue.

Eric



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