[NA-Discuss] Domain tasting -- epilogue(?)

Evan Leibovitch evan at telly.org
Mon Dec 10 16:49:26 EST 2007


Danny Younger wrote:

> Question #4 is particularly challenging:

Indeed, for all the reasons you've given.

> ICANN likes to think of itself as promoting industry
> self-regulation and as serving to coordinate "best
> practices".  The issue, as we know, is that registrars
> have routinely failed to adopt best practices, have
> never adopted a Code of Conduct, and seem to go out of
> their way to avoid self-regulatory activities.

Perhaps the industry will not voluntarily create a code of conduct, but
ICANN can create a Charter of Rights (or a Bill of Rights, for our
American friends) for Internet users.

Maybe not even one but two -- one for registrants, one for Internet
users, since the groups have different levels of technical
sophistication and at times different needs.

I've heard the idea buzzed around. Perhaps, with the RALOs fully
constituted, the idea is within reach. Dare I say, perhaps first drafts
of these documents might be the primary goal of the Summit (assuming
there still is one) :-P


> There is, however, a way to deal with consumer
> complaints that seems to work.  AuDa has a Consumer
> Complaint Resolution Mechanism that thus far has stood
> the test of time (and apparently hasn't suffered from
> liability issues)... see
> http://www.auda.org.au/policies/auda-2007-03/

[... an interesting approach ...]


> Perhaps it's time to discuss such an approach with
> ICANN to deal with gTLD issues.

Hmm. You just said that voluntary measures, and prodding with "you
_should_" language, doesn't work in ICANN's world. And yet,

> auDA is not a government agency or
> statutory authority, therefore it does not have
> legislative power to impose fines or other penalties
> on a registrar or reseller.

So what is the "or else" plan if their directions are not followed?


- Evan

PS: What was you take on the other issues I raised, Danny?



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