[CCWG-ACCT] what ICANN can't regulate (was Re: Board comments on the Mission statement)

[Seun Ojedeji]

Sent from my Asus Zenfone2
Kindly excuse brevity and typos.
On 21 Nov 2015 01:52, "Malcolm Hutty" <malcolm at linx.net> wrote:
>
>
>
> On 20 Nov 2015, at 21:39, Andrew Sullivan <ajs at anvilwalrusden.com> wrote:
>
> >> On Fri, Nov 20, 2015 at 03:54:09PM -0500, David Post wrote:
> >> This is a good example - can ICANN shut down my domain as part of its
> >> "collaboration with anti-abuse people"?
> >
> > Unless you're a TLD, ICANN can't shut down your domain anyway (at
> > least not without taking a whole bunch of other people out), so if
> > that's all we're talking about it's not a problem.
>
> On the contrary, ICANN can and does cause Registries to shut down some
registrants' domains (by requiring them to redelegate it to another person
without the initial registrants' consent).
>
SO: Just for clarity, is it really ICANN that causes the redelegation or
just the Registrar making his/her own decision, perhaps for business
reasons? I'd like to hear examples of this as I think it will be indeed a
concern if ICANN goes that deep. As to the partial shutdown, should ICANN
have shutdown the entire TLD instead?

> We are arguing about the scope of circumstances in which ICANN should be
permitted to do this. Constraining the range of circumstances is the entire
point of this clause.
>
SO: If ICANN indeed gets involved in redelegation of a non-TLD except for
situation where the TLD is reasigned globally (perhaps due to violation of
the initial registry) which should not affect the registrants, then this
warrants further look into. That said, I also think this can be a policy
issues and a mission statement may not be where to fix it.

Regards

> Malcolm.
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