RE: [ga] Re: Request for a Working Group

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

ICANN contracts are only likely to be better than contracts made by an
individual if it also takes on the role of monitoring quality of the
service, checking contract compliance and reviewing user satisfaction. There
is an argument to be made for encouraging some form of centralized oversight
to prevent fraud and so on, while stopping short of contract enforcement.
This would be better than an ICANN that agrees contracts without being
accountable, which is the worst of all worlds.

Joanna

-----Original Message-----
From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Joop
Teernstra
Sent: Tuesday, March 26, 2002 6:43 PM
To: Michael Froomkin - U.Miami School of Law
Cc: ga@dnso.org
Subject: Re: [ga] Re: Request for a Working Group


At 18:18 26/03/02 -0500, Michael Froomkin - U.Miami School of Law wrote:
>That's easy: they choose carefully where to register.  Either they trust
>the registrar and its reputation, or they register close to home, where
>it's easier to get the legal process in action....or they use a register
>in a jurisdiction with good consumer law.

Sorry, Michael I see this "market-mechanism" as not-working for the moment.

1. people don't want to transfer registrations already registered (too much
hassle, too much risk that something may go wrong)
2. many jurisdictions have worse consumer laws than the US or have local
registrar monpolies.
3. Registrar reputations are still in the process of being made. People
have no way  to distinguish the cows from the cowboys.:)

>The contract mechanism is only a good means of protecting consumers if
>they get to bargain for it.  They don't, so it isn't.

That is true. And that is why people sign up for Icann at Large  hoping to
get in that position.


--Joop

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