Re: [ga] Transfers - Bankruptcy Clause

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

Are you looking to have Marilyn, a layperson, our chairperson and not a
lawyer, answer these questions with definity or to create a position for the
GA?

Might I suggest that if this is an important issue to the GA that the *GA*
answer these questions, form a position and put it forward. To request that
the TF deal with this distraction in this way is procedurally ridiculous.

Thanks,

-rwr
----- Original Message -----
From: "Joanna Lane" <jo-uk@rcn.com>
To: "Marilyn Cade" <mcade@att.com>
Cc: <ga@dnso.org>; <DannyYounger@cs.com>; "Ross Wm. Rader" <ross@tucows.com>
Sent: Friday, April 05, 2002 11:57 PM
Subject: RE: [ga] Transfers - Bankruptcy Clause


> 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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