Can they not limit liabilities by contract?

At 04:21 PM 3/25/2002 -0800, you wrote:
>Hello Stephen --
>
>My take on all this is that;
>
>First: The .us TLD has been a wasteland since it was created.
>(This is why I have always avoided any us of .US;-)...
>
>and that;
>
>Second: Now it is going to get worse.
>(Whichis why I am very happy with my prior choices;-)....
>
>Neustar understands things in terms of Telephone Central Offices,
>where the central office has full control of all delegations down
>to the last delegated digit of each subscriber's phone number.
>
>Now, they are not aware of several things, such as, if they control
>the content of the master records of your entire zone and all of its
>delegations, then they  are liable to you for errors and failures to
>proper keep and maintain and promptly service your need under your
>delegation.
>
>Perhaps you might want to have your lawyers explain these liabilities
>in a letter to Neustar.  If they demand that they have full control,
>then logic follows that they assume liability for the quality of your
>zone records, and for the timely maintenance there-of.
>
>I suspect that Neustar has not yet thought all this through.
>
>Holding power over the quality of other people's assets is not
>a one way street.  It only comes with serious liabilities.
>
>Cheers...\Stef
>
>
>>
>>Date: Mon, 25 Mar 2002 12:34:14 -0600 (CST)
>>From: Steve +1 608 278 7700 <[EMAIL PROTECTED]>
>>Subject: Why it's called "delegation"
>>To: [EMAIL PROTECTED]
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>>There seems to be some misunderstanding about the nature of "delegation"
>>in the procedures Neustar envisions, and even in the DOC contact.
>>
>>There is too much data on the Internet to centralize it.  This is why we
>>use the DNS instead of hosts.txt.  When ISI delegated Fitchburg.WI.US to
>>me, I take over the responsility for data in that zone, by maintaining
>>it myself, and by delegating futher subzones.
>>
>>Neustar indicates that we must, according to the DOC contract (which I
>>have not read), provide to Neustar registration data for all the zones
>>under the delegated zone.  This is preposterous.  It's unlikely their
>>systems can scale to serve all that data.  There could be thousands of
>>domain names for individuals just in my city of 20,000 residents.
>>
>>If they have all that data, why do they need a delegated manager?
>>Indeed, if we are not "sufficiently responsive" to requests for service
>>in our delegated zones, they threaten that they will revoke the
>>delegation unilaterally.
>>
>>I see no technical need for Neustar to have access to any registration
>>data in any delegated zone.  There is no reason to develop a way to
>>transfer that data to Neustart.  There is no reason to open our zones to
>>Neustar for zone transfers.  And finally, there is certainly no reason
>>for registrants in delegated zone or delegated managers to pay Neustar a
>>fee for anything.  By analogy, I don't pay Network Solutions/Versign for
>>delegations under Arnold.com!  (Neustar can register names at the second
>>level to earn money.)
>>
>>I do recognized the need for a process to allow a local government or
>>other RFC 1480 organization (library, school, etc.) to recover control
>>of their domain from a delegated manager who is profiteering from it or
>>providing inadequate service.  However, this process must not be
>>initiated by Neustar.  It must be initiated only by a zone's proper
>>constituents.  Having Neustar be able to revoke a zone leaves us open to
>>abuse of power by Neustar.
>>
>>I also see a legitimate role for Neustar to maintain the delegation
>>data, so other name servers can find our name servers, and so
>>prospective registrants can find our administrative contact addresses.
>>The text file now on line, corrected with up-to-date data from time to
>>time, serves this need.
>>
>>(People can also find me through http://Fitchburg.WI.US and through
>>[EMAIL PROTECTED]  I hope other delegated managers do the
>>same.  I appreciate the idea, from this list, of pointing a wildcard
>>Address record for *.Fitchburg.WI.US at Fitchburg.WI.US's IP address, so
>>prospective registrants can easily determine if a domain is available.)
>>
>>I would be interested in hearing if other delegated managers agree that
>>this is a flaw in the DOC/Neustar design.
>>
>>Regards,
>>"Steve"   Stephen L. Arnold, Ph.D., President, Arnold Consulting, Inc.
>>Address   2530 Targhee Street, Madison, Wisconsin  53711-5491  U.S.A.
>>Telephone +1 608 278 7700               Facsimile +1 608 278 7701
>>Internet [EMAIL PROTECTED]   http://WWW.Arnold.com
>>Arnold� is a registered trademark and service mark of Arnold Consulting, Inc.
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