Dear Ian,

<snip>
 
> OK, so that is a hypothetical future, in that
> no merchant has a gold rating at this time?

None yet.  Some soon, I hope.  There are several methods to
achieve higher rankings.  They are discussed in the constitution
of the GDCA.

> Certainly the notion that the GDCA underwrites
> recovery of merchant fraud bears analysis, as
> one would need to look at reserves, etc.  But,
> not an issue until it arises.

Reserves available in the treasury for this purpose will be
public information.

> > > Who owns / controls the GDCA?

The GDCA is a for-profit company incorporated in Panama.  I am a
minority shareholder and vice president.  Management decisions
are made by the officers, headed by the president, subject to
the guidelines of the GDCA constitution.
 
> Looking at the domain, it seems to be owned by a
> Mr. James Bell.  I'm unfamiliar with that name,
> but I'm guessing that he isn't the owner.

James Bell was an investor that loaned money to Gold Age and
others for various projects.  His role has diminished as funds
have been repaid, with interest.

<snip>

> It offers to audit its members, but provides no
> handle by which the organisation as an entity can
> be audited.

The GDCA offers transparancy instead of audits.  Complaints and
dispute resolutions are conducted by committees consisting of
individuals in the e-currency arena, overseen by officers.

At this time, what is there to audit?  If there will be
something in the GDCA that would require an audit, I see no
reason why the GDCA would decline to submit to such an audit.

> What we don't have is someone standing there taking
> the responsibility for when it goes wrong.  I.e.,
> who do I sue when the GDCA lists me with a chlorine
> rating?

Decisions regarding rankings are public information, and will be
disclosed in the history field next to each company listed in
the GDCA.  Such decisions are not made by any one person.  You
can sue the GDCA, a corporate entity, in Panama.

  Or who is the complaint listed against when
> the request for arbitration against the President is
> denied by the President ...

Read the constitution.  If a conflict of interest exists, the
specific officer is recused from participation and/or
decision-making process.

> > I am the president of
> > the GDCA at present.  Paul Vahur has indicated his
> > agreement to serve as Treasurer.  Simon "Sidd"
> > Davis and Michael Moore are vice presidents, as is
> > Ragnar.  If I've left anyone out it was inadvertent.
> 
> This info should be on the site, too!

It will be.  Soon.
 
> > > How do individuals who pay 10g a year get to benefit?

Individuals currently pay 4g per year.  Once one becomes a
member, the constitution limits the amount that membership fees
can increase annually.  They benefit by receiving news about
ranking changes, issues in the industry, and fraud alerts. 
Members also may apply to participate in committees, among other
benefits.

> I found no mention of law in the constitution? 

The GDCA constitution is the law of the GDCA.  The GDCA has the
authority to act as a court under the constitution of the GDCA. 
Sometime in the future, this function may or may not be spun off
from the GDCA.

 GDCA
> might want to consult its attorney about the nature
> of arbitration and other dispute resolution issues.
> There are specific steps and processes involved, of
> which I see none.

One can see the dispute resolution rules by clicking on
"disputes" button on the left hand side on the home page of the
GDCA.

> (For example, I love the fact that a member of the
> public can be entrapped into an expensive dispute
> just by whinging and whining on the complaints page...)

Someone provided you with false information if they told you
that dispute resolution need be expensive.  There have been
complaints made already.  Some were resolved, others were
dropped by the complainants.  If you were a member, you would be
able to know about the participants.

> I see a lot of coercive language in the constitution!

coercion implies force.  The GDCA does not initiate force or
fraud.
 
> binding dispute resolution process ... failure to comply
> ... fines ... non-compliance ... guilt ... 

The only process that gives "teeth" to the GDCA is the dispute
resolution authority, and the ability to decrease points and
ranking, as outlined in the constitution.  This is the extent of
the "force" that the GDCA has (or wants) at its disposal.
 
> It seems to me that the DGCA walks on two big sticks
> and carries a feather.

As the GDCA becomes more and more popular, it will the premier
site to go to for e-currency consumers to find reputable
merchants.  Merchants that are not reputable will find that they
have less and less consumers to defraud.

> What does it mean to offer binding arbitration, at the
> discretion of the DGCA?  Does the arbitrator make the
> ruling or does the President?  Does the Auditing Committee
> a.k.a. investigating committee establish facts or guilt?

The president guides the direction of the GDCA and supervises
officers.  As per the constitution, the investigating committee
only establishes facts, which are then reviewed by the
arbitrator or officers.

> The core issue here is that - on the surface - DGCA has
> not made up its mind about mediation and arbitration.  A
> lot of the constitution seems to belong in the rules, and
> the rules need to be crafted to be arbitration rules or
> mediation rules, but not both.

There is a separate mediation document on the website that
spells out separate rules for mediation/arbitraion.  The
constitution does not touch upon specific arbitration rules
except the overall layout of the GDCA's authority and procedure
with regard to arbitration.

<snip>

> Arbitration has a highly legal context.  By courting
> that forum, DGCA has entered the context of the courts.

The GDCA does play the role of a court when it comes to
arbitration, initiated via a complaint.

> IANAL...  But, I'd have to wonder if the DGCA has sought
> legal advice on the positions it is placing itself in?

The GDCA consists of knowledgeable people, experienced in
business and law.
 
> However, the GDCA does not seem to be it.  It does not
> inspire confidence.

Give it time.

> digest: send an email to [EMAIL PROTECTED]
> with "set [EMAIL PROTECTED] digest=on" in the
message
> body


=====
Regards,

Ragnar
Vice Pres. - GDCA - http://www.gdcaonline.org
Vice Pres. - Gold Age - http://www.goldage.net
editor - Liberty Impact - http://www.libertyimpact.com

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