[At-Large] Fwd: Re: Follow-up on an enquiry during Durban Public Forum

Karl Auerbach karl at cavebear.com
Sun Nov 10 15:27:46 UTC 2013

On 11/10/2013 01:15 AM, Olivier MJ Crepin-Leblond wrote:

> please be so kind to find the answer below, to the question which Evan
> had asked at the public forum in Durban.
> The question was: "why is Section 9 of the RAA entitled 'Registrant
> Benefits and Responsibilities' ?"

It is long past time, indeed it is decades past time, that the
contractual tree that underlies ICANN's regulatory structure ought to
recognize and declare that the ultimate purpose of that structure is to
benefit those who register and those who use domain names.

ICANN's focus is on the structure of registries and registrars. An
inquiring outsider could understandably reach the conclusion that in
ICANN's systems registrants and users are not of particular value or

There is much talk about registrants and domain name users, but it is
talk - it is vapor blowing in a light breeze.  It is pleasant to see but
lacking in substance.

What is long overdue is the recognition - legally enforceable
recognition - that this system is for the benefit of domain name
registrants and those on the net who use domain names.

In the law of contracts there is a principle of law known as Third Party
Beneficiary Rights.  This is a means through which third parties, who
are not themselves direct parties to a contractual relationship can
obtain powers to enforce and compel the obligations of that contract
upon the direct parties.

It is time to clearly recognize and specifically declare that ICANN's
web of contracts imbues domain name registrants and domain name users
with defined third party beneficiary rights that they may enforce upon
registrars and registries, and upon ICANN itself, even in the absence of
ICANN's participation, even in the absence of ICANN's consent.


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