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

[Marc Schneiders <marc@fuchsia.bijt.net>]

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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