[gnso-rds-pdp-wg] New Year Challenge

[Carlton Samuels]

Hi Steph:
So you know, ICANN has always insisted that with both the RA & RAA, agency
rules apply. That is, in respect of resellers, they are mere agents of
registrars and are thus bound by the terms and conditions of the RAA.

What is never sure is whether this posture also commits ICANN to insist
that redress for violations must be exacted from the principal.

-Carlton


==============================
*Carlton A Samuels*

*Mobile: 876-818-1799Strategy, Planning, Governance, Assessment &
Turnaround*
=============================

On Tue, Jan 3, 2017 at 2:56 PM, Stephanie Perrin <
stephanie.perrin at mail.utoronto.ca> wrote:

> Happy New Year all!  You are probably going to hate me because I am going
> to slow us down again.  The problem is that we frame the discussion and
> thinking so very differently, depending on the expertise that we bring to
> this debate, that understanding the minutiae is very important.  For
> instance on  a recent call I questioned whether an individual needed to
> look at WHOIS to see who their registrar is, and was promptly corrected in
> this matter.  Naive person that I am, I had never plumbed the depths of the
> reseller business, and I am not finding much useful information on the
> ICANN site that will help me do this (please help and point me to how this
> happens, what kind of contracts pass on obligations, how this is
> interpreted under DP law, why I cannot find my registrar on any of the
> lists of ICANN accredited registrars, consumer protection obligations under
> US law, how this works in the privacy proxy business etc.).  IN my
> responses to the questionnaire, I have pointed out that it is the
> registrars and registries or their agents that collect/generate the Thin
> data.  The proposed RDS, which at the moment is still protean, is not an
> entity, cannot collect etc, but is instead a display mechanism or automated
> disclosure instrument.  So framing this in terms of collection is in my
> view quite misleading, unless I am totally misunderstanding the poll
> (always possible).
>
> Anyway if anyone can help me understand how resellers work I would be most
> grateful.  It would probably also save us a pile of time if I understood it
> better, if that can possibly incentivize some brave soul.....
>
> cheers Stephanie Perrin
>
>
>
> On 2017-01-03 10:31, Gomes, Chuck wrote:
>
> A few weeks ago one of our WG members said something to me that I think
> might be a good challenge for many of us as we begin 2017:  “I think
> people (including me) need to snap back to attention. I think we lost focus
> because of the incredible amount of lost traffic on minutiae that was so
> hard for non-ICANN insiders to follow.”
>
>
>
> If this applies to you, I hope you will respond.
>
>
>
> I can tell you that no one gets more frustrated with minutiae than me.  I
> have just been at this for so long that I have learned minutiae for one
> person is important to someone else so I have realized that I have to have
> a lot of patience.  Still, I often find myself wanting to push faster ahead
> and the leadership team has to pull me back.
>
>
>
> It has taken us about 11 months to get to where we are and it may seem
> like we have made very little progress but I am hopeful that we have laid
> some building blocks that will make our work ahead easier.  We need to all
> keep in mind that the ICANN community has been grappling with Whois (RDS)
> issues for most of its 18-year existence with very minimal progress.  If we
> are going to change that pattern, we will have to be patient and persistent.
>
>
>
> As we ended 2016 we reached the critical deliberation stage of Work Plan
> Phase 1. None of us should think that that will be easy or quick; it won’t
> be.  But I am confident that we will start to see more concrete results of
> our efforts.
>
>
>
> I encourage all of you to start off this year by completing the poll that
> was distributed last week.  You have until Friday of this week to complete
> it.  Here is the link to the poll:  https://www.surveymonkey.com/r/V3CWZBL
> .
>
>
>
> Happy New Year.
>
>
>
> Chuck
>
>
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