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Re: [ga] [fwd] [council] Legal Breifing Regarding Implementation of New or Changed Policies (from: touton@icann.org)


Don and all assembly members, stakeholders/users or other interested parties,

  Don as you likely know I am in agreement with your comments/observations
below.  It would also appear from Karl's comments in the past that he
as a BoD member, also is in agreement with you as well.

  My particular concern with this Legal briefing centers around the
following excerpt from http://www.icann.org/legal/briefing-on-implementation-20oct02.htm:

"Losing registrars would be limited to only seven possible reasons for
denying a transfer request 
 fraud, UDRP action, court order, identity dispute, non-payment
for current or previous registration term with domain on "Registrar Hold,"
express objection from the registrant or administrative contact, or failure
of the gaining registrar to follow the minimum required transfer procedures
(TTF   3.5, 5.21). "

  This presupposes that 1.) The transferring Registrant if a UDRP is filed
at or about the time a transfer to a different registrar, is automatically guilty
or will be found so, and 2.) That if a court order is obtained via nefarious
means during or close to the time from that the registrant has requested
a transfer of his/her/their DN, is automatically guilty before a hearing
to challenge such a court order can be heard, 3.) that if any claim of fraud
by the than registrar has been, or is filed on or about the time the registrant
requested the transfer that he/she/they are automatically guilty, without due
process and based just on a claim of fraud.  This is particularly egregious
from a legal and ethical standpoint and is therefore I believe extralegal
as a result; 4.) that the registrant if on or about the time of a request for
transfer is made that the registrar complains or claims that they
as the registrar believe that there is an identity problem (Identity dispute)
than again the registrant is presumed automatically guilty without due
process or even perhaps just cause of any kind.  This also is no doubt
egregious, unethical and displays favoritism for the loosing registrar, as to
this legal brief regarding implementation of new or changed policies.

  The other even broader problem and question still remains is the
process in which policy changes are being determined with respect
to the White Paper and MoU (New version) regarding consensus
that is unknown as it is yet to be measured in any real way by the
stakeholders/users, regardless of the Name Space in which said
policies effect or otherwise pertain to.


Don Brown wrote:

> The bottom line on this one is that a certain losing Registrar, or
> losing Registrars, want to be able to deny a transfer in order to
> thwart the loss of market share.
>
> It's a big political game - I've never seen a politician or a
> political organization who didn't want to keep their big contributors
> happy.
>
> I do, however, resent apparent authority not being vested in the
> Technical contact. It is us geeks who built NetSol (for free) and who
> handle domain names for our customers everyday.  Most of our customers
> still can't spell DNS, but most can spell AOL.  If the customer
> doesn't want us to be the Tech Contact, that's o.k. - they are on
> their own.  In our piece of reality, however, most want us to simply
> take care of it for them.
>
> Sorry for the rant, but it sticks in my crawl.  The bottom line on
> this particular post is that it is nothing more than politics put
> forth by a lawyer - we all best well take it as such and follow the
> money to the truth.
>
> Thanks,
>
> Sunday, October 20, 2002, 3:24:28 PM, Thomas Roessler <roessler-mobile@does-not-exist.info> wrote:
> TR> fyi
>
> ----
> Don Brown - Dallas, Texas USA     Internet Concepts, Inc.
> donbrown_l@inetconcepts.net         http://www.inetconcepts.net
> PGP Key ID: 04C99A55              (972) 788-2364  Fax: (972) 788-5049
> Providing Internet Solutions Worldwide - An eDataWeb Affiliate
> ----
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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