Re: [ga] Contract Compliance

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Eric and all former DNSO GA members or other interested
stakeholders/users,

  I believe that Dannys comments in response on this thread/issue are
yet stark evidence of his long standing willingness to be a bit to
apologetic towards ICANN's errant and misguided behavior as
yet again displayed regarding ICANN's duties and responsibilities..
But of course we have seen this sort of thing from Danny before,
haven't we...

  Such lack-luster of laziness in taking action when and where it is
clearly warranted none the less reasonably or questionably needed,
is to a very great degree why ICANN's reputation is so poor and
getting poorer...

Hugh Dierker wrote:

>    Danny,
>
> You know it and all of us know it, this is wishful thinking. If you
> received this notice would you ignore it for a day? A week? If you are
> doing something unethical and then get written notice that it is
> unethical and complaints and you fail to cease and desist that
> unethical behavior, then you are clearly unethical and require others
> to force you to become ethical.
> This is not a new issue with the GNSO or ICANN or registrars or
> registrants. If you are not familiar with the story of the Scorpion
> that catches a ride with a turtle, have someone tell it to you.
>
> Eric
>
> Danny Younger <dannyyounger@xxxxxxxxx> wrote:
> Richard writes:  "ICANN is not enforcing its own policy or its
> Agreement with its accredited registrars."
>
> I think we are jumping to conclusions too quickly.  To be fair to
> ICANN, the Registrar Accreditation Agreement allows for time for
> compliance.  Section 4.4 states:
> Registrar shall be afforded a reasonable period of time after
> receiving notice of the establishment of a specification or policy
> under Subsection 4.3 in which to comply with that specification or
> policy, taking into account any urgency involved.
>
> The problem is, as pointed out in the independent review of the GNSO
> by Patrick Sharry, that ICANN has no one on Staff designated as a
> Contract Compliance Officer:   "ICANN needs to put into place a
> compliance function to monitor compliance with policies --
> Recommendation 13"  see
> http://gnso.icann.org/reviews/gnso-review-sec1-22dec04.pdf
>
> Let's hope that the Board decides to address this issue soon.  Perhaps
> a few comments posted to the Strategic Plan forum on this topic would
> help.
>
>

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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