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Re: [ga] BULK whois (or: ICANN's Agreements)
On Thu, Feb 06, 2003 at 11:30:02PM -0000, Richard Henderson wrote:
>
> Does the Registrar Accreditation Agreement include sanctions against
> Registrars who break other ICANN Agreements. For example, those
> Registrars who broke Registry-Registrar Agreements in the .info names
> release... they are still accredited... if the industry simply
> operates on a basis of Registrars regulating themselves, what
> protection is there for consumers from bad registrars who put their
> own self-interest and profit before ICANN's Agreements or the
> interests of consumers?
What protection is there for consumers against bad shoe store operators,
or bad restaurant operators, or almost any other kind of commercial
entity? The legal system provides basic legal protection, and the rest
comes from competition -- competition provides the incentive for
commercial entities to provide good service. This is the whole premise
of having registrars -- most regulation comes through market forces,
like for most other businesses.
And there is absolutely no question that market forces have been very
powerful in this market -- some registrars have lost lots of market
share, and others have gained a great deal.
> I don't see the point of ICANN Accreditation if that accreditation is
> based on technical capability, rather than rules of conduct and
> recognition of ICANN Agreements. Technical capability to rip off
> customers? In some cases, sadly, yes.
Interesting. Most people argue that ICANN has too much regulatory
power, not too little.
> Of course, most registrars I encounter are decent people... but their
> reputation is badly damaged by the cowboys in your midst.
>
> The rules of the game for registrars should run simply like this:
>
> You want the privilege and profit of operating in this business? Then
> you have to accept these rules.
>
> You break those rules? You're out.
Nice, simple, and unworkable, because of a multitude of practical
difficulties. eg: by what process do you establish the rules? who
interprets the rules? what form of due process do you put in place to
deal with people who maliciously accuse registrars?
> Contract. Sign.
Lawsuit.
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