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

Karl Auerbach karl at cavebear.com
Mon Nov 11 04:36:35 UTC 2013

On 11/10/2013 10:03 AM, Evan Leibovitch wrote:

I'm very glad that we are on agreement on the destination we want to
reach - one in which users and registrants of domain names have not only
a real say in ICANN but also a real lever to pull when registrars or
registries don't live up to their contractual obligations.

I picked Third Party Beneficiary as a vehicle, not because it is the
only vehicle, but largely because it fits within ICANN's chosen mode of
regulation - a hierarchy of private contracts (with ICANN at the vertex.)

Other methods are just fine by me.  My concern with other methods is
that I sense they may be more speculative than the relatively well
established laws of third party beneficiary rights - these are
reasonably well established, I believe, in many, if not all of the
states of the US.  I would not be surprised to learn that there are
analogues in places that use civil law principles.

Any method that gets us to the goal is acceptable to me and would get my


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