Re: [ga] Transfers - Bankruptcy Clause

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

Joanna, Ross and all assembly members,

  Joanna is quite right here on several points.  1.) That the bankruptcy
clause has been discussed on several separate occasions before
on this very forum (See archives for further info).  2.) That the
bankruptcy clause is causing many small ecommerce registrants
sever concern and this has been forward to the relevant and
respective US congressional and EU council representatives.
3.) That Joanna of anyone else should not need to go through any
gauntlet, impediment, hurdle or person under the requirements of the MoU
and the White paper to express or have considered her suggestion.
4.) Failure to add a question on the survey regarding the Bankruptcy
Clause concern would be a grave and silly error in judgment.

  In closing I would like to add my offer to assist in wording such
a question regarding the Bankruptcy clause to the Survey as
Joanna has so kindly and thoughtfully offered.


Joanna Lane wrote:

> Look Ross, as you very well know, it's nonsense to say "it never came up in
> discussion", it has been raised on this very list only recently.
> Furthermore, you have often accommodated my suggestions in the past when it
> suited, so do not start throwing GA Reps in my face as if there is some
> procedural hurdle I have to pass in order for my request to be acknowledged.
> You, meaning the TF in general, have a duty to establish how Registrants
> feel about all aspects of the Transfer process, and to that end, I have put
> the Task Force on notice that the bankruptcy clause is causing registrants,
> at least the ones I know, some concern.
>
> At the very least, this clause is fuzzy and needs clarifying. *After* some
> discussion, some vague notion arose that it is for the benefit of registrars
> who have large US multinational corporate clients who, they imagine, may
> well run up large bills for unrelated services and therefore this clause
> provides them with some means to recoup possible losses by freezing a
> possible asset under circumstances of a pending bankruptcy, notwithstanding
> that "pending bankruptcy" is not defined in the agreement and certainly
> holds no legal meaning outside the US territory.
>
> Whatever it's purpose, that is of absolutely no concern whatsoever to the
> individual private citizen who registers a domain name, pays his
> registration bill of about $10.00 a year, then wishes to Transfer
> Registrars. From that class of Registrant's perspective, this clause is
> onerous, outrageous and open to abuse. How would you like it if you could
> not change your long distance phone carrier at home unless you provide the
> losing carrier with your social security number and wait for them to confirm
> that you are not pending bankruptcy?
>
> Now, either you address this issue by adding a simple question about the
> bankruptcy clause to the questionnaire, which I am quite willing to help
> you, Dan, or whoever, write, or I will be the first to accuse this Task
> Force of only being prepared to ask questions on issues for which it already
> has the answers from registrars.
>
> Be careful not to shoot yourself in the foot.
>
> Joanna
>
> -----Original Message-----
> From: Ross Wm. Rader [mailto:ross@tucows.com]
> Sent: Friday, April 05, 2002 1:32 PM
> To: Joanna Lane; DannyYounger@cs.com; ga@dnso.org
> Subject: Re: [ga] Re: Survey
>
> It never came up during any discussion. As mentioned previously however, its
> not too late to get additions dropped in via Dan (as the GA constituency
> rep...)
>
> Thanks,
>
> -rwr
>
> Please review our ICANN Reform Proposal
> Realname Keyword: Heathrow Declaration
> Old Skool DNS Address: http://www.byte.org/heathrow
>
> ----- Original Message -----
> From: "Joanna Lane" <jo-uk@rcn.com>
> To: "Ross Wm. Rader" <ross@tucows.com>; <DannyYounger@cs.com>; <ga@dnso.org>
> Sent: Thursday, April 04, 2002 11:58 PM
> Subject: RE: [ga] Re: Survey
>
> > Ross,
> > Where is the question about the bankruptcy clause?
> > Regards,
> > Joanna
> >
> > -----Original Message-----
> > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Ross Wm.
> > Rader
> > Sent: Thursday, April 04, 2002 6:41 PM
> > To: DannyYounger@cs.com; ga@dnso.org
> > Subject: Re: [ga] Re: Survey
> >
> >
> > Danny - feel free to stand by them, but you incorrect in this case. Not
> > having bothered to check the link that you presented as proof of some
> > conspiracy, I can't talk on an informed basis concerning which draft of
> the
> > survey that you are talking about - however, this document has undergone
> > many revisions - all based on input and criticism put forth by the
> drafting
> > team.
> >
> > At this point, I can't remember who was even responsible for putting
> forward
> > the first draft (I can look it up when I get back to the office if its
> > important) - but I do distinctly remember a number of conversations,
> dozens
> > of emails and a conference call or two between thedrafting team members
> > through the preparation of this draft.
> >
> > The important task now is for the TF to read through this draft, tear it
> > apart (or not) and get it into the hands of users that aren't
> > directly/officially represented in ICANN.
> >
> > -rwr
> >
> > ----- Original Message -----
> > From: <DannyYounger@cs.com>
> > To: <ga@dnso.org>
> > Sent: Thursday, April 04, 2002 12:18 PM
> > Subject: [ga] Re: Survey
> >
> >
> > > Dan Steinberg has asked that I retract the accusation that:
> > >
> > > "Why don't you come clean, and admit that this is solely Ross's
> > > work-product that you modified only in the most minor of ways"
> > >
> > > I stand by my comments, and have produced a side-by-side comparison
> > between
> > > the survey questions created by Ross and the survey questions produced
> by
> > the
> > > "small group of TF members" posted at
> http://www.icannworld.org/survey.htm
> > >
> > > Let the GA decide if anything more than minor modifications are present.
> > > --
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> > >
> >
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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
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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