Re: Re[2]: [ga] Registrars Draft: Transfers

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

on 9/24/01 10:04 AM, Ross Wm. Rader at ross@tucows.com wrote:

>> Ross,
>> In that case, it seems appropriate and not an unreasonable to request to
> at
>> least clarify the bankrupcy clause. For the benefit of individual and
> small
>> business Registrants, would the Registrar community please expand on how
> it
>> determines/ proposes to determine a Registrant is pending bankrupcy:-
>> 
>> 1. with respect to Registrants based in the USA
>> 2. with respect to Registrants based in other territories
>> 
> 
> This is entirely Registrar dependant and is not an mandatory condition.
> Specifically, if a registrar chooses not to verify "pending bankruptcy",
> there is no requirement to do so. If the implication is that this is largely
> a useless condition, I would agree. Other registrars might think otherwise,
> but within this agreement, that is there perogative.
> 
> -rwr
> 

Ross,

If the Regisrars can agree that this condition is largely useless for it's
stated purpose, it follows that there would be no harm done from deleting
it, neither would it constitute a change of policy. In fact, it would be a
change of policy to include something that it has now been discovered does
not fulfill its stated purpose, but rather another purpose for which it was
not intended - namely unreasonable delay in DN transfers, not to mention
invasion of privacy. IOW, the situation has changed since this clause was
first written, and we must now clarify the agreement by removing something
from it that does not work, as well as adding to it.

With the world situation being what it is, I fully understand that the civil
liberties organizations are pre-cccupied, but it's about time one of them
stood up and objected to the ratification of this clause in this agreement.

In my book, it is simply NOT OK to permit a bankrupcy check on any
individual as a standard part of any agreement to change Registrar, and the
fact that it is an optional part of the process is a weak excuse, if it
accomplishes nothing anyway, it can be deleted.

Please do your best to pass this viewpoint forward on behalf of Registrants,
this one at least (I don't hear any Registrants fighting to retain it,
neither any Registrars).

Regards,
Joanna

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