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

Wed Jan 4 04:01:02 UTC 2017

Thanks Alan for the clarity.

Regards
Nanghaka Daniel K.
Executive Director - ILICIT Africa / Council Member - FOSSFA / Community
Lead - ISOC Uganda Chapter
Mobile +256 772 898298 (Uganda)
Skype: daniel.nanghaka

----------------------------------------- *"Working for Africa" *
-----------------------------------------

On Wed, Jan 4, 2017 at 4:45 AM, Stephanie Perrin <
stephanie.perrin at mail.utoronto.ca> wrote:

> That helps Alan, thanks.  I will check the RAAs and see what I can find in
> the way of consumer protection in these markets.  I realize there are worse
> scenarios in the reseller market (eg.  US mortgage market, Insurance) in
> terms of transparency and consumer rights, but that does not make it ok in
> my view.
> cheers Stephanie
>
> On 2017-01-03 17:51, Alan Greenberg wrote:
>
> How resellers work is relatively straight forward. They are agents working
> on behalf of a registrar. The handle the transaction and often ongoing
> contact with the registrant. Some registrars have no resellers, others some
> resellers, and some registrars only work through resellers and have no
> direct registratns. Of course, you may find that a reseller is really a
> subsidiary of the registrar (or in some other business relationship with
> them other than purely a reseller).
>
> Until relatively recently, ICANN took the position that since they had no
> contract with resellers, they had no control over what resellers did. In
> more recent RAAs, there are explicit clauses which require that if a
> registrar delegates anything to resellers, that they must ensure that the
> reseller fulfill any obligations that the registrar would have if they were
> dealing with the registrant directly. Past RAAs only covereed some of these
> requirements but my recollection is that the current RAA pretty much puts a
> registrant in the same situation regardless of whether they are dealing
> with the registrar directly or a reseller (I may be wrong about that, but
> that is my recollection).
>
> Of course, it is up to the registrar to ensure that these obligations are
> followed, or ICANN compliance to identify places where they may not be
> doing so.
>
> Is that any clearer?
>
> Alan
>
>
>
> At 03/01/2017 02:56 PM, Stephanie Perrin 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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