At 21:13 9/01/99 -0800, Roeland M.J. Meyer wrote:
Joop wrote:
>
>>>> 3. The Names Council shall ensure that it will guard the rights of the
>>>> Domain Name holders and registrants by advising ICANN on such policies
that
>>>> will mandate that any delegated Registrar or
>>>> Registering entity adopts procedures guaranteeing fair hearings and due
>>>> process in its Articles, Bylaws or contract documents with second or
third
>>>> level registrants.
>>>>
>>
>>And how do you feel about this last proposed item? Too hot for the DNSO?
>>Unrealistic in view of autonomous dictatorial ccTLD's that even ICANN can't
>>control?
>>Or worth taking on board?
>
>Not too hot, but I really don't like pushing that expense down to the
>registrar/registry. For one thing, it gives you a feed-back loop at the
>registrar level with no upward path for the disputing parties. I'd rather
>keep the FHP at the DNSO level. If we were to do this then is seems to only
>make sense at the registrar level, in order to manage registries. I may be
>wrong, but FHPs make most sense if it happens at an over-sight level.
>___________________________________________________
Roeland and all,
This is not intended as a burden for the registrars, but for the registries.
There should be no "loop". But the individual registrants should have the
possibility to address the DNSO about the lack of Due Process rules in
hamfisted registry policy documents, bylaws or contracts.
(I was just looking at some of the ccTLD policy statements)
Respectfully I disagree with you about Due Process and FHP operating only
at the higher levels.
If they operate effectively at the lower levels, much of potential abuse
can be nipped in the bud in the first place.
(Bad) analogy: why have Courts of first instance, when you can have Courts
of Appeal?
--Joop--
http://www.democracy.org.nz/
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