[CCWG-ACCT] Another Twist to Law, Jurisdiction and Accountability

Wed Apr 15 04:24:34 UTC 2015

Great answer Samantha,

I think pricing is subject to market forces, it is a tricky area to enforce
controls whether through regulatory means or otherwise.

Regards
On Apr 15, 2015 3:36 AM, "Samantha Eisner" <Samantha.Eisner at icann.org>
wrote:

>  Dear Akinbo -
>
>  ICANN’s role in relation to any gTLD registry is over the enforcement of
> the registry’s contract with ICANN.  In your question below, ICANN would
> typically only get involved if there was a complaint that the registry was
> violating the terms of its agreement with ICANN. The agreements for the
> gTLDs delegated through the New gTLD Program do not include any terms
> relating to minimum or maximum prices for registrations; ICANN similarly
> does not have contractual terms on the pricing practices of its accredited
> registrars. The ability for registered name holders to be sued for the
> content they have on their website is also not something that ICANN has a
> say in.  There are, however, avenues that are made available, such as the
> Uniform Domain Name Dispute Resolution Process, a policy developed by the
> ICANN community (though ICANN is not a party to UDRP proceedings) as well
> as some of the other resolution processes that were developed within the
> New gTLD Program that could be applicable to particular types of complaints
> or disputes.
>
>  Best,
>
>  Samantha
>
>
>   From: Adebunmi AKINBO <akinbo at nira.org.ng>
> Date: Tuesday, April 14, 2015 at 4:16 PM
> To: Greg Shatan <gregshatanipc at gmail.com>
> Cc: "accountability-cross-community at icann.org" <
> accountability-cross-community at icann.org>
> Subject: Re: [CCWG-ACCT] Another Twist to Law, Jurisdiction and
> Accountability
>
>   All,
> Back to the .sucks.
>
>  I have a question.
> If ICANN is not regulatory and the registrant feels cheated if within 2
> years the price changes to peanuts, can ICANN interfere if requested to
> handle the issue ? Can a government feel insulted to ban the use of this
> gTLD against its geographic names and sue the registrar? Can a company sue
> for defamation of character ?
>
>  A scenario.
> A website with a name like usa.suks or china.sucks or icann sucks comes up.
> Someone feels bad and takes a negative action.
> What would be ICANN roles ?
>
>  Curious for a response with direction.
> -Akinbo.
>
>
> On Tue, Apr 14, 2015 at 10:24 PM, Greg Shatan <gregshatanipc at gmail.com>
> wrote:
>
>>  Paul, that is a new twist to "be careful what you wish for...."  :-)
>>
>>  Greg
>>
>> On Tue, Apr 14, 2015 at 3:10 PM, Paul Rosenzweig <
>> paul.rosenzweig at redbranchconsulting.com> wrote:
>>
>>>  My bad and poor writing.  I actually meant the exact opposite – i.e.
>>> that I think we all wish that ICANN continue to NOT have regulatory
>>> authority.  Apologies to all for the lack of clarity.
>>>
>>>
>>>
>>> Paul
>>>
>>>
>>>
>>> Paul Rosenzweig
>>>
>>> paul.rosenzweig at redbranchconsulting.com
>>> <paul.rosenzweigesq at redbranchconsulting.com>
>>>
>>> O: +1 (202) 547-0660
>>>
>>> M: +1 (202) 329-9650
>>>
>>> VOIP: +1 (202) 738-1739
>>>
>>> Skype: paul.rosenzweig1066
>>>
>>> Link to my PGP Key
>>> <http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9>
>>>
>>>
>>> <http://www.rsaconference.com/events/us15/register?utm_source=inhouse&utm_medium=email&utm_campaign=signature-us2015>
>>>
>>>
>>>
>>> *From:* Steve Crocker [mailto:steve at shinkuro.com]
>>> *Sent:* Tuesday, April 14, 2015 1:48 PM
>>> *To:* Paul Rosenzweig Esq
>>> *Cc:* Stephen D. Crocker; accountability-cross-community at icann.org
>>> *Subject:* Re: [CCWG-ACCT] Another Twist to Law, Jurisdiction and
>>> Accountability
>>>
>>>
>>>
>>> Paul,
>>>
>>>
>>>
>>> Did you actually say, rephrasing for clarity, “We all will continue to
>>> wish for ICANN to have regulatory authority”?
>>>
>>>
>>>
>>> If so, that’s a very strong statement, whose implication is probably not
>>> fully understood by everyone and, when understood, may not at all be what
>>> everyone wishes for.
>>>
>>>
>>>
>>> Steve
>>>
>>>
>>>
>>> On Apr 14, 2015, at 12:41 PM, Paul Rosenzweig <
>>> paul.rosenzweig at redbranchconsulting.com> wrote:
>>>
>>>
>>>
>>>   All
>>>
>>>
>>>
>>> As you may know, ICANN recently created the new gTLD .sucks.   It
>>> appears that the new registry manager, Vox Populi, is charging a rather
>>> exorbitant fee of $2500/year for existing trademarks to purchase the
>>> relevant domain name in the pre-release Sunrise period.   Some have
>>> protested to ICANN about this.  ICANN’s response is interesting and may
>>> have relevance to our accountability discussion.  It seems (
>>> http://www.washingtonpost.com/blogs/the-switch/wp/2015/04/09/the-group-that-created-sucks-now-wants-government-to-keep-it-from-spinning-out-of-control/)
>>> that ICANN has asked the regulatory authorities in the US and Canada to
>>> determine whether or not Vox Populi’s pricing is predatory under US and
>>> Canadian law (and thus illegal).
>>>
>>>
>>>
>>> I am not at all clear whether ICANN has directed this request to those
>>> national authorities because it is where they are located or, more likely,
>>> because they are the law specified by the underlying contracts.  But it
>>> does suggest that, in the absence of regulatory authority for ICANN (which
>>> I assume we all will continue to wish for) national laws will continue to
>>> play a role.  I am not in the least bit sure how this plays into our
>>> discussions – but it certainly seems a relevant confounding factor we ought
>>> to be aware of
>>>
>>>
>>>
>>> Paul
>>>
>>>
>>>
>>> Paul Rosenzweig
>>>
>>> Red Branch Consulting, PLLC
>>>
>>> 509 C St. NE
>>>
>>> Washington, DC 20002
>>>
>>> paul.rosenzweig at redbranchconsulting.com
>>> <paul.rosenzweigesq at redbranchconsulting.com>
>>>
>>> O: +1 (202) 547-0660
>>>
>>> M: +1 (202) 329-9650
>>>
>>> VOIP: +1 (202) 738-1739
>>>
>>> Skype: paul.rosenzweig1066
>>>
>>> www.redbranchconsulting.com
>>>
>>> www.paulrosenzweigesq.com
>>>
>>> Link to my PGP Key
>>> <http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9>
>>>
>>> <image002.jpg>
>>> <http://www.rsaconference.com/events/us15/register?utm_source=inhouse&utm_medium=email&utm_campaign=signature-us2015>
>>>
>>>
>>>
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>>
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