[ga] ICANN & transfers

[DannyYounger@cs.com]

Vint,

In Bucharest the Board resolved [02.71] to adopt Reconsideration Decision 
02-2 which basically stated that, "Because the "registrar requirements" 
regarding transfers are not included in any contract enforceable by ICANN, it 
is not appropriate that ICANN attempt to enforce them".

While ICANN is not a signatory to the registry-registrar agreements (in which 
transfers are governed by the language of an Exhibit therein), those specific 
agreements are, in fact, appendices that are referenced within the primary 
ICANN-registry agreements to which indeed ICANN is a signatory -- there is 
"linkage", and there is also language that states:  "Entire Agreement. This 
Agreement (including its appendices, which form a part of it) constitutes the 
entire agreement of the parties..."

Obviously I am not a lawyer, but I would think that based on such linkage, 
ICANN does have an implied role in the enforcement of such provisions.  May I 
ask what your view is on this matter?  Registrants clearly have an interest 
in this transfers issue, and probably would want some assurances that someone 
is acting to protect their best interests... is that someone ICANN, or should 
they be turning elsewhere?  Is it part of ICANN's mission to afford such 
protections?









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