RE: [registrars] Inter-Registrar Transfers & Whois Data mining

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

> A third issue that registrars find important and which they 
> will attempt to address through our representative Bruce 
> Tonkin on the GNSO Task Force, is the need for contracting 
> parties with ICANN to resolve/clarify contractual issues in a 
> timely fashion. The Registrar Constituency is not persuaded 
> that the current proposals for the reform of the DNSO are 
> adequate to this task, and think that ICANN should have a 
> better means for dealing with contractual interpretation and 
> enforcement. The Registrar Constituency continues to support 
> the evolution and reform process underway, and believes that 
> this issue can be incorporated into the current Blueprint document.

Michael - thanks to the Constituency and the ExComm for picking up on
this issue. As we stated in Bucharest [1], the resolution of contractual
disputes between contracted parties is of paramount importance. Any and
all support that we can gather behind this initiative is helpful. 

The request for comments can be found here:
http://www.byte.org/heathrow/icann-reform-cda-v0r0d1-062602.html

Discussion on this paper is being conducted on the AWG Mailing list
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                       -rwr

[1]>>Timothy Denton: Gentlemen, madam of the board, my name is Timothy
Denton, I'm from - I'm speaking on behalf of Elliott Noss, the president
and Ross Rader. We are very pleased with the work of the committee. We
have made two written contributions to its work, the last of which was
posted yesterday.

We believe we have been heard in our vital concerns. And we're very
pleased with what's gone on.

We have one idea that we would like to contribute to the process on
which you people have not yet had a chance to deliberate. And it is
this. It is, first of all, to be found at - I'll just give you the
reference. It's byte.org, b-y-t-e.org, forward slash, heathrow. And if
you scroll down that page, you will see the second of our responses to
the ERC committee. It's four pages long. And I commend it to your
attention because the idea is quite simple.

The vital interests of your contracted parties, which are registrars and
registries, may need to be recognized in a way that you haven't yet
considered. And that is that we need a form of dispute resolution to be
created.

And this is for disputes among your contracted parties.

If I may express an analogy, it is as if the inventors of the Internet
and the IETF and ICANN have created gravity, lift, thrust, and air
pressure. And now an airline industry has been called into being, and
now instead of these disputes being about the nature of the environment
we will be dealing with, there are issues about landing rights and very
mundane stuff, which is of not a vital interest to many people except
your contracted parties.

And so the blind spot, the spot which is not addressed either negatively
or positively in your recommendations, now concerns the creation of some
form of dispute allocation - dispute adjudication or settlement among
your contracted parties.

And it is in hope of that that we have put out a second of our
responses. We do not have the solution to this. We are making a
recommendation that you and other interested volunteers think about it,
and that we would be happy to cooperate with any other interested
parties in the development of ideas as to how this dispute resolution
function might exist.

In short, what we see is all the good works being done so far sorts out
policy. And we are happy about that. But within the terms of contract
adjudication of dispute, it seems to me that some effort needs to be put
there so that parties may more effectively solve their commercial and
contractual problems under the authority of the board. This is not
outside the authority of the board, but inside the authority of the
board, we would need that process.

And so we have made the suggestion. We are open to any means whereby
people might collaborate to bring this into being. And we seek from you
an indication that you might be interested in the creation of such a
process. And we seek from others the formation of some form of working
group that would allow us to flesh out this - this problem.

So contracts - contracted parties and dispute resolution within your
contracted parties. Thank you.

>>Vinton Cerf: Thank you very much for that concrete suggestion.



"There's a fine line between fishing and standing on the shore like an
idiot."
- Steven Wright

Please review our ICANN Reform Proposal:
http://www.byte.org/heathrow