[ga] Re: RAA 3.7.1

["M. Stuart Lynn" <lynn@icann.org>]

Dear Danny:

I do believe your reading of 3.7.1. is not correct.  It does not 
*require* ICANN to develop such a code of conduct. It requires 
registrars to *abide* by such a code should such a code be adopted 
following a consensus of accredited registrars. Clearly, the 
prerequisite action is for the accredited registrars to arrive at a 
consensus on such a code, something they have not yet achieved. 
ICANN cannot unilaterally modify its agreements with other parties.

There is nothing within the scope of the Blueprint or the ERC that 
would change this situation.

Stuart



At 6:07 PM -0400 8/21/02, DannyYounger@cs.com wrote:
>Dear Stuart,
>
>For some time now, many members in the Community have recognized the need for
>the domain name industry (and registrars in particular) to adopt a Code of
>Conduct.  The Registrar Accreditation Agreement includes the following
>language on this subject:
>
>3.7.1 In the event ICANN adopts a specification or policy, supported by a
>consensus of ICANN-Accredited registrars, establishing or approving a Code of
>Conduct for ICANN-Accredited registrars, Registrar shall abide by that Code.
>
>Can you perhaps comment upon whether ICANN in the spirit of Reform is
>considering adopting a specification or policy establishing such a Code of
>Conduct?  According to my reading of the above language, the onus appears to
>be on ICANN, as the coordinator, to develop such a Code (which would then be
>subject to ratification by a consensus decision of the accredited
>registrars).  Is my understanding of this matter correct, and do you
>contemplate action along these lines?
>
>
>Best regards,
>Danny Younger

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