[ga] Re: Transfers - Bankruptcy Clause

["Ross Wm. Rader" <ross@tucows.com>]

Joanna - let me reiterate and perhaps clarify a bit - it never came up in
discussion within the task force. And also, be clear, that it *is* a
procedural hurdle for me - I have no mandate from my constituency to raise
this point regardless of what my personal feelings are. If it is raised
within the TF, I will try and figure out what our position is on this point
and if I am unsuccessful in determining what it is, I will explicitly have
to go back to our membership and ask.

You raise a number of good points, but I think you are raising them to the
wrong person.

Thanks,

-rwr
----- Original Message -----
From: "Joanna Lane" <jo-uk@rcn.com>
To: "Ross Wm. Rader" <ross@tucows.com>; <DannyYounger@cs.com>; <ga@dnso.org>
Sent: Friday, April 05, 2002 8:38 PM
Subject: Transfers - Bankruptcy Clause


>
> Look Ross, as you very well know, it's nonsense to say "it never came up
in
> discussion", it has been raised on this very list only recently.
> Furthermore, you have often accommodated my suggestions in the past when
it
> suited, so do not start throwing GA Reps in my face as if there is some
> procedural hurdle I have to pass in order for my request to be
acknowledged.
> You, meaning the TF in general, have a duty to establish how Registrants
> feel about all aspects of the Transfer process, and to that end, I have
put
> the Task Force on notice that the bankruptcy clause is causing
registrants,
> at least the ones I know, some concern.
>
> At the very least, this clause is fuzzy and needs clarifying. *After* some
> discussion, some vague notion arose that it is for the benefit of
registrars
> who have large US multinational corporate clients who, they imagine, may
> well run up large bills for unrelated services and therefore this clause
> provides them with some means to recoup possible losses by freezing a
> possible asset under circumstances of a pending bankruptcy,
notwithstanding
> that "pending bankruptcy" is not defined in the agreement and certainly
> holds no legal meaning outside the US territory.
>
> Whatever it's purpose, that is of absolutely no concern whatsoever to the
> individual private citizen who registers a domain name, pays his
> registration bill of about $10.00 a year, then wishes to Transfer
> Registrars. From that class of Registrant's perspective, this clause is
> onerous, outrageous and open to abuse. How would you like it if you could
> not change your long distance phone carrier at home unless you provide the
> losing carrier with your social security number and wait for them to
confirm
> that you are not pending bankruptcy?
>
> Now, either you address this issue by adding a simple question about the
> bankruptcy clause to the questionnaire, which I am quite willing to help
> you, Dan, or whoever, write, or I will be the first to accuse this Task
> Force of only being prepared to ask questions on issues for which it
already
> has the answers from registrars.
>
> Be careful not to shoot yourself in the foot.
>
> Joanna
>
> -----Original Message-----
> From: Ross Wm. Rader [mailto:ross@tucows.com]
> Sent: Friday, April 05, 2002 1:32 PM
> To: Joanna Lane; DannyYounger@cs.com; ga@dnso.org
> Subject: Re: [ga] Re: Survey
>
>
> It never came up during any discussion. As mentioned previously however,
its
> not too late to get additions dropped in via Dan (as the GA constituency
> rep...)
>
> Thanks,
>
> -rwr
>
> Please review our ICANN Reform Proposal
> Realname Keyword: Heathrow Declaration
> Old Skool DNS Address: http://www.byte.org/heathrow
>
>
> ----- Original Message -----
> From: "Joanna Lane" <jo-uk@rcn.com>
> To: "Ross Wm. Rader" <ross@tucows.com>; <DannyYounger@cs.com>;
<ga@dnso.org>
> Sent: Thursday, April 04, 2002 11:58 PM
> Subject: RE: [ga] Re: Survey
>
>
> > Ross,
> > Where is the question about the bankruptcy clause?
> > Regards,
> > Joanna
> >
> > -----Original Message-----
> > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Ross Wm.
> > Rader
> > Sent: Thursday, April 04, 2002 6:41 PM
> > To: DannyYounger@cs.com; ga@dnso.org
> > Subject: Re: [ga] Re: Survey
> >
> >
> > Danny - feel free to stand by them, but you incorrect in this case. Not
> > having bothered to check the link that you presented as proof of some
> > conspiracy, I can't talk on an informed basis concerning which draft of
> the
> > survey that you are talking about - however, this document has undergone
> > many revisions - all based on input and criticism put forth by the
> drafting
> > team.
> >
> > At this point, I can't remember who was even responsible for putting
> forward
> > the first draft (I can look it up when I get back to the office if its
> > important) - but I do distinctly remember a number of conversations,
> dozens
> > of emails and a conference call or two between thedrafting team members
> > through the preparation of this draft.
> >
> > The important task now is for the TF to read through this draft, tear it
> > apart (or not) and get it into the hands of users that aren't
> > directly/officially represented in ICANN.
> >
> > -rwr
> >
> > ----- Original Message -----
> > From: <DannyYounger@cs.com>
> > To: <ga@dnso.org>
> > Sent: Thursday, April 04, 2002 12:18 PM
> > Subject: [ga] Re: Survey
> >
> >
> > > Dan Steinberg has asked that I retract the accusation that:
> > >
> > > "Why don't you come clean, and admit that this is solely Ross's
> > > work-product that you modified only in the most minor of ways"
> > >
> > > I stand by my comments, and have produced a side-by-side comparison
> > between
> > > the survey questions created by Ross and the survey questions produced
> by
> > the
> > > "small group of TF members" posted at
> http://www.icannworld.org/survey.htm
> > >
> > > Let the GA decide if anything more than minor modifications are
present.
> > > --
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>

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