[nc-transfer] RE: Apparent Authority

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

As we begin to consider the import of "apparent authority" in the context of
the relevant contracts (most typically referred to as "Exhibit B of the
RRA") I think it important that we define what it is that we seek to
understand.

From the perspective of the Registrar Constituency, this is two-fold.

i) To properly identify what constitutes "Apparent Authority". Much has been
said on this subject (for a view of the Registrar Constituency statement on
this matter, please refer to
http://www.dnso.org/clubpublic/nc-transfer/Arc00/msg00022.html) but
widespread agreement on the definition remains elusive. It is our hope that
the upcoming conference call will finally set this matter to rest.

ii) To document what the impact of this definition is on the current policy.
Unlike the first part, this may require some work on our behalf. While the
classic definition of "Apparent Authority" (as referenced in the link above)
most certainly works within the bounds of existing and proposed policy, a
more liberal or "extreme" determination will require significant effort on
our part to ensure that the long-term implications have been properly
thought through. This extra attention will be required to ensure that we are
not in a position a year or two from now that would dictate that we need to
again reconsider the policy due to inefficiencies that may arise. Balancing
the interests of "supply" and "demand" will be a tricky, but worthy
exercise.

Once we can agree on these understandings, I believe that the rest of the
effort should be relatively straightforward.  Prior to the conference call,
I'd like to see some TF discussion to ensure that the two-fold
understanding, as I've laid it out above,  is
sufficient for our efforts and whether or not there are other interests that
seek to gain more from the forthcoming discussion. This will allow our chair
to set the appropriate expectations and shape the agenda for those
participating in the call.

Thanks,

-rwr