Re: [ga] legal questions

[Jeff Williams <jwkckid1@ix.netcom.com>]

Jefsey and all assembly members,

Jefsey Morfin wrote:

> when I consider the contractual reservation of domain names through the
> gTLD contracts, the organization of the sunrise period through these same
> contracts, the GAC motion to reserve national DNs in ".info", I feel that
> this is direct and indirect co-management of a registrar activity.

  We agree.  Indeed it is.  In addition in that the ICANN BOD and staff
are to a degree the responsible party in these contracts with the registrars
and registries, their lack of oversight, which is and has been evident from
the beginning would seem to make any damages or losses incumbent
on the ICANN BoD and staff.

>
>
> 1) This seems to conflict with the ByLaws which say that the ICANN has is
> forbidden to act as a Registry and a Registrar.

  Yes.  AN this is another potential problem that could have been avoided
as one that we [INEGroup] warned the ICANN BoD and staff of on a
number of documented occasions.

>
>
> 2) Let suppose these matters would not be contracted, but submitted to a
> declaration by the TLD Manager listing the reserved DNs and accepting full
> responsibility for organizing the sunrise period, ICANN globally accepting
> that statement or not.
>
> Would this permit the ICANN to bear a lower responsibility in the .biz case?

  No.  In that ICANN has oversight responsibility they cannot now claim
a lower responsibility after the fact.

>
> Could the violation of the ByLaws above (if any) be a point against the
> ICANN in the .biz case?

  On a legal basis, it is possible that such would be the case.

>
> If violation of the ByLaws, could the personal responsibility of Staff and
> Directors be engaged if ICANN lost the case?

  Very possible.

>
>
> Jefsey
>
>

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members 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:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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