At 12:32 PM 1/11/99 +1200, Joop Teernstra wrote:
>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.
In that case, I might agree with you <grin>.
>(Bad) analogy: why have Courts of first instance, when you can have Courts
>of Appeal?
This brings to mind a two tiered ajudication system. One at the registry
level and another at the DNSO level. This covers both cases, where there
are remote registrars and where registry and registrar are one and the same.
___________________________________________________
Roeland M.J. Meyer -
e-mail: mailto:[EMAIL PROTECTED]
Internet phone: hawk.lvrmr.mhsc.com
Personal web pages: http://staff.mhsc.com/~rmeyer
Company web-site: http://www.mhsc.com
___________________________________________________
I hold it, that a little rebellion, now and then, is a good thing...
-- Thomas Jefferson
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