[nc-deletes] Re: Two Questions for the Deletes Task Force

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

Dear Mr. Henderson,

The purpose of ICANN task forces is to make suggestions for incorporation
into the relevant portions of, for example, the registrar accreditation
agreement dealing with consensus policies for deletion.  It is up to ICANN to
adopt such suggestions.  The operative contracts governing registrar behavior
are between the registrars and ICANN (for accreditation), and between the
registrars and Verisign (for access to the shared registration system for
.com domain names).  You are not a party to these contracts, and thus you
cannot cause any part of them to actually be enforced.

If you believe a registrar is not complying with its obligations, then you
may encourage ICANN to enforce the relevant obligation.  However, enforcement
decisions are within the sole discretion of ICANN, based on the consensus of
its constituents - i.e. the registrars, the registries, the business
constituency, governments, intellectual property attorneys, etc.  Individual
domain name registrants per se, or prospective domain name registrants, are
not part of the policy making or enforcement apparatus of ICANN.

For further comments along these lines, I refer you to:

http://www.dnso.org/clubpublic/nc-deletes/Arc00/msg00141.html
Failing to define action that will occur in the event of breach
results in contract terms that can be ignored, to the extent that the
only approach to the contract is an all-or-nothing proposition.
Expecting that merely writing terms into a contract means that the
terms will be followed is just wishful thinking.  For that matter, one
need not incorporate them into the contract at all.

John


----- Original Message -----
From: "Richard Henderson" <richardhenderson@ntlworld.com>
To: <john@johnberryhill.com>
Sent: Wednesday, April 09, 2003 6:18 AM
Subject: Two Questions for the Deletes Task Force


HelpDear John -

I am writing to you as a member of the Deletes Task Force, to ask you if you
could give me an update on the state of play with regard to Deletes policy,
and implementation dates.

Specifically, when does WLS come into play? Is there a date or rough date set
for its introduction?

And secondly, I've been following the process of .com names releases after
expiry in the past months, and there seems no consistency. Some names appear
to go on hold for the minimum period provided, and then become available to
the public (to date, many of those names put "on hold" between January and
about 3rd March have so far become available).

On the other hand, a large number (thousands) of Net Sol names, including
names put on hold in January and the whole of February, remain "on hold" and
are still not available.

I thought the intention was for one, consistent policy for the industry. Why
are the NetSol names being held back?

I'd be grateful for your insights, both on WLS dates, and on the second
issue, and thank you for your assistance.

Kind regards,

Richard Henderson
(IcannatLarge.org)