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

Tue Jan 3 21:21:04 UTC 2017

Very odd that there is not more language in the contracts to that 
effect.  Contracts between resellers and registrars are private.  From 
the perspective of end user consumer rights, this is a long way from 
optimal...

Thanks! Steph

On 2017-01-03 16:01, Carlton Samuels wrote:
> 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: 876-818-1799
> Strategy, Planning, Governance, Assessment & Turnaround/
> =============================
>
> On Tue, Jan 3, 2017 at 2:56 PM, Stephanie Perrin 
> <stephanie.perrin at mail.utoronto.ca 
> <mailto: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
>>     <https://www.surveymonkey.com/r/V3CWZBL> .
>>
>>     Happy New Year.
>>
>>     Chuck
>>
>>
>>
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