[At-Large] [lac-discuss-en] GigaOM article : Louis Vuitton asks for SOPA-like seizure of hundreds of websites

[Carlton Samuels]

Karl:
So you're not so happy that in the RT's construct, standing to contest is
not granted to other than those groups or classes now  enumerated.

I should think the RT's  major concern is vested in the term
 'enforceable'.  Maybe what we need to do is contest a broader/fuller
meaning of the term 'enforceable' and petition for unnamned classes to be
added and given standing, no?

Best,
- Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================


On Mon, May 14, 2012 at 3:29 PM, Karl Auerbach <karl at cavebear.com> wrote:

> On 05/14/2012 12:59 PM, Carlton Samuels wrote:
>
> > Note the recommendation:
> >
> > The RT is in favour of " *a clear, unambiguous and enforceable chain
> > of **contractual
> > agreements with registries, registrars, and registrants to require the
> > **provision
> > and maintenance of accurate WHOIS data*.".
>
> That is a far cry from a third-party-beneficiary rule.
>
> The sentence you quote essentially says "The RT is in favour of the
> status quo".
>
> What Bill S. was asking for was a third party beneficiary provision that
> gives designated third party individuals or classes (who might not even
> be registrants, registrars, or registries - or anybody else associated
> with ICANN) the power to enforce the contractual terms even if one of
> the actual parties to the contract doesn't come forward to enforce it
> itself.
>
> In general I think that ICANN has done a lousy job in that it has very
> expressly rejected third party beneficiary rights in anything it does
> ever since it was formed.  We saw that happen most forcefully in the
> RegisterFly situation where ICANN failed to enforce contract terms while
> registrants were being harmed left and right.
>
> (I do, however, believe that the whois is a privacy disaster, that the
> report contains a revisionist history to support its conclusions, that
> there are plenty of means to go after evil doers even if those means
> might be less convenient than a rope and a nearby tree, and that there
> is a lot of post hoc ergo hoc logic going in that those who are accused
> are stripped of protections merely because they have been accused.)
>
>                --karl--
>
>
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