[NA-Discuss] FW: Second Vote on the RAA Package now open

[Danny Younger]

Beau,

Carlton Samuels put forward an interesting perspective on the LACRALO list:

"I cannot discern either an organisational indicator or a philosophical shift in ICANN to suggest a sea change in enforcement operations. So this notion of "refining" the RAA to give ICANN more enforcement powers is, at best, a PR exercise which will not likely affect dissolute registrar/registry behaviors in the near or mid term. The end result will be a wash."

My particular concern has always been that there remains language in these amendments which I find to be objectionable, that will lead to further registrar abuses, such as:

"Registrar shall (2) display a conspicuous notice to such customers at the time an election is made to utilize such privacy or proxy service that their data is not being escrowed."

However, in the grand scheme of things, my single biggest worry is that we cannot proceed with high-level matters (such a new TLDs) until ICANN's house "is in order".  

Approving a poorly-drafted and objectionable set of amendments is a lousy step forward in the process of getting the house into order, but candidly, ICANN doesn't have the ability to walk and chew gum at the same time... it can only handle one project at a time... so lets accept this horribly deficient package and move on.  

No, I don't believe that it will do anything to improve enforcement measures as ICANN will always choose to coddle the registrars instead of taking appropriate action, but it will allow us to move forward on other matters such as:

policies to govern expedited take-downs
policies to deal with domain name warehousing
policies to revamp the UDRP

PS  While I currently favor a yes vote, I won't be overly troubled if you vote nay.

Danny 


--- On Mon, 12/29/08, Brendler, Beau <Brenbe at consumer.org> wrote:

> From: Brendler, Beau <Brenbe at consumer.org>
> Subject: [NA-Discuss] FW: Second Vote on the RAA Package now open
> To: "NA Discuss" <na-discuss at atlarge-lists.icann.org>
> Date: Monday, December 29, 2008, 11:21 AM
> Dear NA region:
> 
> I voted no on the last RAA submission.
> 
> There's been a modification, as you see below.
> 
> How would you like me to vote on this modification?
> 
> I am inclined to vote "yes," as long as we can
> count on the "with the possibility of further policy
> development in the future" part. Otherwise, from what I
> am able to understand, we might lose the good work
> that's been done on the RAA up to this point.
> 
> Beau Brendler
> 
> -----Original Message-----
> From: alac-announce-bounces at atlarge-lists.icann.org
> [mailto:alac-announce-bounces at atlarge-lists.icann.org] On
> Behalf Of At-Large Staff
> Sent: Wednesday, December 24, 2008 1:29 AM
> To: alac-announce at atlarge-lists.icann.org
> Subject: [ALAC-Announce] Second Vote on the RAA Package now
> open
> 
> Dear ALAC members,
> 
> A briefing was recently held on the RAA Package by Tim Cole
> and Kurt Pritz from ICANN staff. You can find the audio
> recording and summary minutes of this briefing under:
> https://st.icann.org/alac/index.cgi?discussion_on_the_raa
> 
> Following this briefing, it was decided to start a second
> online vote on the ALAC recommendation to the GNSO on the
> RAA Package. The new vote will be open until 08 January 2009
> at 1200 UTC, which will allow the ALAC GNSO Liaison to
> announce the result at the GSNO Council meeting scheduled
> later that day.
> 
> You will be asked to choose among the following options:
> 
> 1. Recommend the GNSO to accept the current RAA package,
> with the possibility of further policy development in the
> future.
> 2. Recommend that the GNSO do not approve the current RAA
> package.
> 3. Abstain
> 
> You will receive a separate email with you voting
> credentials shortly.
> 
> Regards,
> 
> Nick Ashton-Hart, Matthias Langenegger, Marie-Hélène
> Bouchoms, Heidi Ullrich ICANN At-Large Staff
> email: staff at atlarge.icann.org
> 
> 
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