Re: [ga] BULK whois (or: ICANN's Agreements)

[kent@songbird.com]

On Thu, Feb 06, 2003 at 11:30:02PM -0000, Richard Henderson wrote:
> 
>    Does  the  Registrar Accreditation Agreement include sanctions against
>    Registrars  who  break  other  ICANN  Agreements.  For  example, those
>    Registrars  who broke Registry-Registrar Agreements in the .info names
>    release...  they  are  still  accredited...  if  the  industry  simply
>    operates   on  a  basis  of  Registrars  regulating  themselves,  what
>    protection  is  there  for consumers from bad registrars who put their
>    own   self-interest  and  profit  before  ICANN's  Agreements  or  the
>    interests of consumers?

What protection is there for consumers against bad shoe store operators,
or bad restaurant operators, or almost any other kind of commercial
entity? The legal system provides basic legal protection, and the rest
comes from competition -- competition provides the incentive for
commercial entities to provide good service.  This is the whole premise
of having registrars -- most regulation comes through market forces,
like for most other businesses.

And there is absolutely no question that market forces have been very 
powerful in this market -- some registrars have lost lots of market 
share, and others have gained a great deal.

>    I  don't see the point of ICANN Accreditation if that accreditation is
>    based on  technical  capability,  rather  than  rules  of  conduct and
>    recognition  of  ICANN  Agreements.  Technical  capability  to rip off
>    customers? In some cases, sadly, yes.

Interesting.  Most people argue that ICANN has too much regulatory
power, not too little. 

>    Of  course, most registrars I encounter are decent people... but their
>    reputation is badly damaged by the cowboys in your midst.
> 
>    The rules of the game for registrars should run simply like this:
> 
>    You  want the privilege and profit of operating in this business? Then
>    you have to accept these rules.
> 
>    You break those rules? You're out.

Nice, simple, and unworkable, because of a multitude of practical 
difficulties.  eg: by what process do you establish the rules?  who 
interprets the rules?  what form of due process do you put in place to 
deal with people who maliciously accuse registrars?

>    Contract. Sign.

Lawsuit.
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