[NA-Discuss] [ALAC] Proposed ALAC statement on new amendments to RAA -- please read

[Brendler, Beau]

Thanks, Carlton, I will make sure those get into the next draft, which I'm working on now -- I erroneously responded to Wendy's last note as if she were responding to the fast flux document, however, it doesn't really change the content, just ignore the reference to Mike O'Connor. Apologies for confusion.

BB

-----Original Message-----
From: Carlton Samuels [mailto:carlton.samuels at gmail.com]
Sent: Friday, August 29, 2008 2:00 PM
To: Wendy Seltzer
Cc: Brendler, Beau; ALAC at atlarge-lists.icann.org; NA Discuss
Subject: Re: [ALAC] Proposed ALAC statement on new amendments to RAA -- please read

LACRALO has not returned a consensus position that we can report but I would wish to associate and endorse the document prepared by Beau's team.

We believe that any breach of a solemn agreement must identify those that are harmed,set it right and find ways to deter the aggressor.
Markets generally recognize these tenets with punitive fines for the culprits and monetary compensation for those harmed.

In this context, I fully endorse Wendy's additional comments, especially the call for beneficiary status for all users affected by registrar misbehaviour.

Kind regards,
Carlton Samuels
UWI

On Fri, Aug 29, 2008 at 10:35 AM, Wendy Seltzer <wendy at seltzer.com> wrote:
> Thanks Beau,
> A few points of question:
>
>> ICANN should require standardized Acceptable Use Policy in registration agreements to address criminal fraud, when this directly affects the operational stability, reliability, security and global interoperability of the Internet.
>
> I believe it is not ICANN's or registrars' role to address criminal
> activity, beyond not knowingly aiding it.
>
>> Enforce and make public the results of dispute mechanisms in place that obligate registrars to facilitate enforcement of abusive registration policies, such as the UDRP.
>
> Without endorsing any of those dispute resolution policies, I think
> transparency about their effects is useful.  ICANN, rather than the
> registrars, should be responsible for the enforcement and disclosure,
> though.
>
> I would still prefer to see concrete information-forcing mechanisms,
> e.g., requiring prominent notification of deviations from a standard
> set of contract terms.  Market competition only works when consumers
> know they are making a choice and understand the terms of the choice.
>
> Finally, I'll repeat my call for third-party beneficiary status for
> the affected public.
>
>
> Thanks,
> --Wendy
>
>
> Brendler, Beau wrote:
>> Hello, everyone. Attached is a draft of a proposed statement on behalf of ALAC regards the registrar accreditation agreement. This follows our briefing from Tim Cole a couple of weeks ago.
>>
>> As I mentioned in that briefing, I think a number of consumer and user community concerns can be traced back to this agreement and its enforcement. I think it's important to stay on top of the process and make as strong a statement as possible regarding the user community's concerns.
>>
>> The document is brief, and in two parts: The first part addresses possible concerns with the new amendments, as described by Tim. Some of these items are taken from the briefing discussion, some are taken from the general pool of user comments, and some have been re-worded and re-applied from "Section F" of the summary document (you can find links to all these referenced documents on the briefing page here:
>> https://st.icann.org/alac/index.cgi?draft_amendments_to_raa)
>> Danny Younger's expertise on this is of course acknowledged as well and you'll see some ideas and language in here from his own public comment document. I hope he will have some additions and suggestions for this.
>>
>> The second part revisits some of the initial comments made by the ALAC when the consultation period began. Some of these were placed in section F, but I reworded them to perhaps make them more timely and possibly acceptable for consideration. I also omitted some of the recommendations from Section F that seemed stale or probably just not doable at this point.
>>
>> If you have anything to add, please do so! This represents a starting point, we can add whatever else we want, but we promised to get this to Tim Cole by the end of August, and it's here.
>>
>> Nick has been very helpful to me in putting this together, so please send any additions or comments to this list, and/or Nick or me and we will integrate them into the final.
>>
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>
>
> --
> Wendy Seltzer -- wendy at seltzer.org
> phone: +1.914.374.0613
> Visiting Professor, American University Washington College of Law
> Fellow, Berkman Center for Internet & Society
> http://cyber.law.harvard.edu/seltzer.html
> http://www.chillingeffects.org/
> https://www.torproject.org/
>
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