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Re: [ga] Re: Request for a Working Group


Michael and all assembly members,

  I must admit, this is a good argument, Michael...

  On should choose carefully where and whom to register with.
Good independent Watchdog organizations to watch over
registrars and registries currently do not exist.  The ICANN
staff however has demonstrated that it will not police it's
own Registrars and Registries adequately if at all.  This
is likely because as Michael suggests, as have others,
that they do not have neither the will or the expertise
to do so.  This is why the registrant does not and has
not gotten a "Bargain" as Michael puts it.  But I would
argue that not "Bargain" is available because the
Contracts with the Registrars and Registries
are no robust enough as I had, and still argue.
Fix the contracts, and perhaps they will be adequate.

Michael Froomkin - U.Miami School of Law wrote:

> That's easy: they choose carefully where to register.  Either they trust
> the registrar and its reputation, or they register close to home, where
> it's easier to get the legal process in action....or they use a register
> in a jurisdiction with good consumer law.
>
> The contract mechanism is only a good means of protecting consumers if
> they get to bargain for it.  They don't, so it isn't.
>
> On Wed, 27 Mar 2002, Joop Teernstra wrote:
>
> > At 16:24 26/03/02 -0500, Michael Froomkin - U.Miami School of Law wrote:
> >
> > >I don't think the US should set world consumer law.  Nor should ICANN.
> >
> > Michael, such a broad statement is easy to agree with.
> >
> > But, since the actions of registrars are global and national laws are
> > inadequate to deal with them, how do registrants get their protection?
> >
> > Isn't the contract mechanism the only way of quick and effective
> > enforcement of regulated behavior?
> >
> >
> > --Joop
> >
> >
>
> --
>                 Please visit http://www.icannwatch.org
> A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
>                         -->It's warm here.<--
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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