RE: [ga] Abusing consensus in the Transfers TF

[Joanna Lane <jo-uk@rcn.com>]

How does a registrar know about a "pending bankruptcy", (meaning, where are
they getting their information from), if not by bankruptcy search on the
registrant?

No matter how solvent or insolvent the registrant may be, if there is no
debt at the time of transfer request, then there is no financial reason to
deny it, and conversely, if there is an outstanding account, the account
would need to be settled before the domain is released. What is your
problem? Why does any registrar need to pry so deeply into a registrant's
private financial affairs simply to effect a service change worth around
$10.00 per annum?

Furthermore, to say that Registrars can largely represent Registrants
because they deal with them on a day to day basis is analogous to the
abusive parents of a battered child insisting to the Court that a court
appointed representative for the child is not necessary since they are the
ones that look after the child and they have taken all comments from the
child into account where appropriate.

Suggesting a single GA representative is satisfactory for representing the
registrants perspective on a TF that comprises two reps from other
constituencies is unbalanced and misleading. Unlike the gTLDs, Registrars,
BC and IPC, the GA does not have secretariat facilities, a budget to conduct
outreach, a proper ID verification procedure, or even a way to separate out
comments received from registrant members and those from registrar members.
All have equal standing in the GA and the whole point of the GA is to allow
cross-constituency dialogue, so anything you're going to hear from the GA is
already colored by a mix of those whose best interests are in conflict with
registrants. When you mix apples with oranges, you can expect to have it
pointed out.

Regards,
Joann






-----Original Message-----
From: Ross Wm. Rader [mailto:ross@tucows.com]
Sent: Thursday, March 28, 2002 3:01 AM
To: Joanna Lane; DannyYounger@cs.com; ga@dnso.org
Cc: mcade@att.com
Subject: Re: [ga] Abusing consensus in the Transfers TF


>
> False. As a Registrant, I provided feedback to the Registrars through Ross
> Radar over a period of time before this final paper was published, and in
> particular objected to the proposed clause relating to the Registrar's
> ability to conduct a bankruptcy search on the Registrant, that allows the
> Registrar to deny a transfer for this reason, notwithstanding that the
> Registrars have no clue how to conduct a bankruptcy search in every nation
> on the globe. Furthermore, not one single person in the community has ever
> stated any useful purpose for this clause. This is a matter of invasion of
> privacy that I doubt any Registrant would voluntarily agree, yet is being
> completely overlooked by the Registrars.
>
> Secondly, I made stringent efforts to be included on this task force as a
> Registrant representative, mindful to ensure the Registrant community was
> included in deliberations, but was thrown off (literally) by Marilyn Cade,
> who silenced my voice by denying my posting privileges. Some time later, a
> GA Representative was appointed, since when there has been no work done.
>
> These are the facts.
>

How quickly history becomes distorted.

The conversation that we had did indeed center on . No such
conversation occurred concerning anything remotely related to a registrar
doing bankruptcy searches on anyone - in fact, no such power is granted to
Registrars in any contract related to ICANN that I'm aware of. Further,
these conversations occurred in the context of preparation of the best
practices document and not the TF. Each comment received on the RC Transfers
BP doc were taken into account and included where appropriate.

Second, I believe that your participation as a registrant representative was
not permitted simply because you do not represent registrants. Once a GA
the registrars capability
to deny a transfer based on a registrant "pending bankruptcy".

-rwr



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