[NA-Discuss] [At-Large] Transparency & the ICANN Contractual Compliance Newsletter

Tue May 6 00:15:36 EDT 2008

Stacy and all,

  I for one thank you for your response to Danny's inquiry,
although your answer seems to be a deflection of what Danny
was asking regarding the 164 breaches.  When will these
breaches of contract be shared with the public?  

  It also seems that you Stacy are implying all of the
breaches deal with failure to pay fees by registrars
primarly.  I for one could care less if ICANN got it's
fees or not from any registrar as such is not a direct
impact on users or registrants.  I and all of our members
are primarly interested in those breaches that are not
fee's to ICANN related.

  If ICANN espouses to be open and transparent, it is
very difficult given Danny's request and a host of others,
that what ICANN espouses is in any reasonable way related
to what ICANN practices.  Ergo and again, please publish
ALL 164 breaches in detail immediately.

-----Original Message-----
>From: Stacy Burnette <stacy.burnette at icann.org>
>Sent: May 5, 2008 4:39 PM
>To: Danny Younger <dannyyounger at yahoo.com>
>Cc: Kurt Pritz <kurt.pritz at icann.org>, At-Large Worldwide <alac at atlarge-lists.icann.org>
>Subject: Re: [At-Large] Transparency & the ICANN Contractual Compliance	Newsletter
>
>Dear Mr. Younger:
>
>Thanks for writing me regarding your transparency concerns relative
>to ICANN's contractual compliance activities. Specifically, in your
>correspondence to me on 3 April 2008, you requested information
>regarding ICANN's decision not to publish breach notices referenced
>in ICANN's 3 April 2008 Contractual Compliance Newsletter.
>
>ICANN has a significant interest in sharing information with the
>public regarding registrar noncompliance. ICANN evaluates publication
>of breach notices on a case by case basis, with the exception of breach
>notices related to failure to pay ICANN fees.  We think that breach
>notices related to the collection of unpaid fees are an extension of our collections
>efforts. Such breaches are routinely cured by registrars with no
>tangible impact to registrants, registries or third parties. The
>breach notices referenced in the 3 April 2008 Contractual Compliance
>Newsletter concerned registrar failure to pay fees. However, the
>concerns you expressed in your correspondence to me and during the
>recent NARALO meeting have been raised with ICANN's executive
>management and our current practice of not publishing breach notices
>related to failure to pay ICANN fees is under review.
>
>We appreciate your interest in this important matter and we
>encourage you to continue to provide comments to assist us in better
>understanding community concerns.
>
>Sincerely,
>
>Stacy Burnette
>Director Contractual Compliance
>ICANN
>(310) 301-3860
>
>
>-----Original Message-----
>From: Danny Younger [mailto:dannyyounger at yahoo.com]
>Sent: Wednesday, April 09, 2008 4:54 AM
>To: Stacy Burnette
>Cc: At-Large Worldwide
>Subject: RE: Transparency & the ICANN Contractual Compliance Newsletter
>
>Dear Ms. Burnette,
>
>Thank you for your response.  We look forward to your
>participation on the upcoming NARALO monthly
>teleconference and to a frank discussion on the state
>of negotiations as they pertain to the planned
>registrar sanctions program (first described in the
>"Improved Contractual Compliance Enforcement Tools"
>proposed amendment to the RAA).
>
>Best wishes,
>Danny Younger
>
>
>
>--- Stacy Burnette <stacy.burnette at icann.org> wrote:
>
>> Dear Mr. Younger:
>>
>> Thank you for writing me regarding your concerns
>> related to transparency.  ICANN is committed to
>> transparency and accountability.
>>
>> To ensure that you are provided complete
>> information, I need additional time to respond to
>> the questions posed below.  On or before 30 April
>> 2008, I will respond to all of the questions
>> presented in your electronic mail message dated 3
>> April 2008.
>>
>> Thanks for your support.
>>
>> Sincerely,
>>
>> Stacy Burnette
>> Director
>> Contractual Compliance
>> ICANN
>>
>>
>>
>> -----Original Message-----
>> From: Danny Younger [mailto:dannyyounger at yahoo.com]
>> Sent: Thursday, April 03, 2008 1:34 PM
>> To: Stacy Burnette
>> Cc: At-Large Worldwide
>> Subject: Transparency & the ICANN Contractual
>> Compliance Newsletter
>>
>> Dear Ms. Burnette,
>>
>> I am appreciative of the fact that ICANN has
>> generated
>> this newsletter, but I have a number of concerns
>> related to transparency.
>>
>> We are told that during 2007 a total of 164 breach
>> of
>> contract notices were sent to registrars.  While
>> this
>> effort is to be commended, users would assuredly
>> want
>> to know which registrars are in breach of contract
>> (and for what reason) at any given point in time so
>> that they can make informed choices regarding which
>> registration providers to use.
>>
>> Hiding this valuable information from consumers is
>> not
>> what I would deem to be a public service, rather, I
>> view it as a profound disservice.  While it does
>> serve
>> to protect the interest of registrars, it most
>> certainly doesn't serve to properly protect the
>> public.
>>
>> May I ask why ICANN has chosen to conceal this
>> information?  Is this behavior owing to a deliberate
>> policy decision that has been made by ICANN Staff?
>> Does Staff intend to continue concealing registrar
>> contract breaches at the expense of the registrant
>> community, or can we expect this situation to change
>> in the immediate future?
>>
>> Hopefully you can help us to better understand the
>> situation and the Staff perspective on transparency.
>>
>> best regards,
>> Danny Younger
>>
>>
>>
>>
>>
>____________________________________________________________________________________
>> You rock. That's why Blockbuster's offering you one
>> month of Blockbuster Total Access, No Cost.
>> http://tc.deals.yahoo.com/tc/blockbuster/text5.com
>>
>
>
>__________________________________________________
>Do You Yahoo!?
>Tired of spam?  Yahoo! Mail has the best spam protection around
>http://mail.yahoo.com
>
>_______________________________________________
>ALAC mailing list
>ALAC at atlarge-lists.icann.org
>http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
>
>At-Large Official Site: http://atlarge.icann.org

Regards,

Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail
jwkckid1 at ix.netcom.com
My Phone: 214-244-4827