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


Michael, Marc and all assembly members,

  Indeed "Accredited" Registrars was and remains a huge mistake
by the than constituted BoD.  Many of us had serious reservations
regarding the contractual "Accreditation" process and method
for Registrars.  In fact the whole "Accreditation" idea for
Registries or Registrars had serious operational and management
problems.  Now those problems have come home to roost...

  But all this just points up the more basic underlying problem with ICANN.
That is the problem of incompetent leadership.

Michael Froomkin - U.Miami School of Law wrote:

> I agree - the time for ICANN-accredited registrars is soon to be past. The
> registries should manage the relationship at least in all new TLDs, just
> so long as we have enough to make the market really competitive ...  some
> issues about legacy registries perhaps having a competitive edge that
> requires they be last to be deregulated.  Schedule that for 200_ (fill in
> blank).
>
> On Wed, 10 Apr 2002, Marc Schneiders wrote:
>
> > Why are there ICANN accredited registars? Does this mere fact not make
> > ICANN a bit responsible for what those registrars do? After all, it is a
> > regulated market...
> >
> > Marc
> >
> > On Tue, 9 Apr 2002, at 14:57 [=GMT-0400], Gomes, Chuck wrote:
> >
> > > 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
> > > > +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
> > > >                         -->It's hot here.<--
> > > >
> > > > --
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> > > >
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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
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
>                         -->It's hot here.<--
>
> --
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> Send mail to majordomo@dnso.org to unsubscribe
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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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