RE: [ga] Transfers - Bankruptcy Clause

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

Marilyn,
I believe that neither the Registrant, nor the Registrar receives any
tangible benefit from this clause, at least I have yet to hear one. So
before I can start asking Registrants whether or not they have any possible
objections to this clause, could I please clarify through the TF what this
clause actually means by submitting the following queries through you as
chair:-

<cite bankruptcy clause>

1) What is the benefit to the registrant from this clause?
2) What is the benefit to the registrar from this clause?
3) Does this clause discriminate against US based registrants, (since there
is no centralized source of bankruptcy information for all registrants
worldwide)?
4) Does the Registrar have the sole right to exercise this clause? If so,
how?
5) Does this clause give the Registrar the right to disclosure by an
individual registrant of their personal information such as Social Security
Number, Date of birth, Bank details and so on?
6) Do you object to disclosure of your personal information (as cited in
question 5) for this purpose?
7) Do you consider that in exercising this clause, the privacy directive of
the European Union in relation to individual registrants who are EU citizens
would be relevant?
8) Assuming the clause allows the Registrar to obtain a Registrant's
personal information in order to prove whether or not they are pending
bankruptcy, can that then be sold alongside other data already provided by
Registrants for whois? If not, why not? If so, do you object to this?
9) It has been pointed out that nothing that can be written into a contract
is worth a penny against privileged creditors in a bankruptcy proceeding, so
is this whole issue a waste of time?
10) If so, should the clause be deleted?
11) If not, how does this clause make the claim worth more than those of the
regular creditors?
12) What is the purpose of this clause actually?
13) If the registrar invokes this clause to deny transfer, should the
registrar be able to resell the domain name against the registrants wishes
even if the renewal fees are paid?
14) If the annual renewal fees are paid, should the registrant be free to
transfer the name regardless of whether or not they are personally pending
bankruptcy?



Regards,

Joanna

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