RE: [ga] Time to regulate the Re-Sellers

["Gomes, Chuck" <cgomes@verisign.com>]

It seems to me that there is a principle that could reasonably be applied
here:  If there are already mechanisms in place with various jurisdictions
around the world to deal with particular issues, then it is unnecessary for
ICANN to duplicate the associated functions.  For example, I believe that
most jurisdictions have anti-trust laws and agencies to enforce those, so it
is unnecessary for ICANN to get involved in anti-trust issues.  Similarly, I
believe that there are consumer protection mechanisms already in place in
most major regions of the world, so it is unnecessary for ICANN to get
involved in consumer protection.

Therefore, I agree with Michael that the "appropriate place to complain is
the regulatory authorities in the home of the offender" and not ICANN.

Chuck

> -----Original Message-----
> From: Michael Froomkin - U.Miami School of Law
> [mailto:froomkin@law.miami.edu]
> Sent: Tuesday, April 09, 2002 1:09 PM
> To: DannyYounger@cs.com
> Cc: ga@dnso.org
> Subject: Re: [ga] Time to regulate the Re-Sellers
> 
> 
> Sure, and while we are regulating people, let's regulate 
> fraudulent web
> pages, all spammers (they use the dns, don't they), and blasphemers.
> 
> In other words, NO THANKS.  This is not ICANN's mission.  It is not a
> technical issue AT ALL -- it's a commercial/regulatory issue and the
> appropriate place to complain is the regulatory authorities 
> in the home of
> the offender.
> 
> On Tue, 9 Apr 2002 DannyYounger@cs.com wrote:
> 
> > The following post has appeared on the registrars list:
> > 
> > A Registrar (most probably a reseller of ICANN accredited 
> Registrar) caused 
> > one of the most severe massive SPAMs we have ever seen. It 
> goes by those two 
> > names.
> > 
> > http://www.affordable-domains.com
> > http://www.renewmydomains.com
> > 
> > it took our mail server down for couple of hours today.  
> For those who are 
> > curious, two SPAM messages are attached below.  (see 
> > 
> http://www.dnso.org/clubpublic/registrars/Arc01/msg02287.html 
>  for details).  
> > If one of our Resellers would do this we would terminate them.
> > -----------------------------------------------
> > 
> > A subsequent post to the registrar's list 
> > 
> http://www.dnso.org/clubpublic/registrars/Arc01/msg02289.html 
> revealed that 
> > the reseller operates on behalf of SRSPlus... a Verisign company.
> > 
> > In my opinion, it is time to regulate the re-seller 
> community to the same 
> > degree that we regulate the activities of registrars.  If 
> registrars take no 
> > action to police their own industry, and if they are not 
> held accountable for 
> > the actions of their re-sellers, then this industry is 
> surely begging for the 
> > same type of governmental intervention that impacted the 
> telecommunications 
> > industry.   
> > 
> > I, for one, do not seek an enhanced role for governments.  
> It is ICANN's 
> > responsibility to manage the Domain Name system.  Resellers 
> acting as loose 
> > cannons do not serve this industry well, and should be 
> brought under control. 
> >  
> > 
> > 
> > 
> > 
> > 
> > --
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> > 
> 
> -- 
> 		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
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