Re: [ga] Registerfly loses approximately 75,000 customer domains

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Roberto and all,

  I believe what ICA and Dominik is saying is that the
 Ombudsman duties are ill defined and therefore
the Ombudsman from a practical stand point, is
nearly useless.  I know our members by in large
agree with what ICA suggests...  Of course,
we all know ICANN's business practicality
is, and has been, significantly lacking...

  And so, the slurry of the ICANN cesspool continues
to flow as it grows...

Roberto Gaetano wrote:

> Dominik,
>
> > please read the letter sent by ICA to Paul Twomey
> >
> > http://www.internetcommerceassociation.org/the_ica_questions_i
> > cann_presi
> > dent_on_registerfly_accreditation_and_remdedial_action
> >
> > and notice the paragraph about the Ombudsman.
> >
>
> I know the letter. Incidentally, it is few days old, and some concerns have
> been addressed already by this document, sent the same day:
> http://www.icann.org/correspondence/registerfly-notice-of-breach-21feb07.pdf
> .
>
> However, back to the point of the Ombudsman, I think that we have different
> opinions on his/her role.
> To me, and this is only my opinion, although I believe that it is shared by
> several Directors, the Ombudsman's only role is to check whether the Board,
> or some entity underneath the Board's control, has been acting in violation
> of the procedures, or has otherwise been unfair to specific people.
> Nowhere it is written (nor meant, nor implied) that the Ombudsman should
> have "sent at least a warning letter to RegisterFly when this had become
> apparent".
>
> >
> > Maybe an oportunity to redefine the role of the Ombudsman
> > from scratch.
> > And all others involved in this case.
>
> Maybe.
> If your point is that the rights of the registrants could be defended
> better, I am with you.
> I do believe that one of the problems we have is that internet consumers
> have insufficient protection. If in the physical world one of my rights is
> violated (let's say, somebody is parked in my driveway and does not allow me
> to get out), there is an authority who has jurisdiction and that can enforce
> the law (in the example, have the car towed away). However, if the same
> happens in the virtual world (let's say, I am the victim of a DoS attack,
> and can't perform my job) there is no obvious authority I can complain to
> and expect to take action. This is not rlated to the next problem, which is
> how to identify the attacker, it is just the primary action, which is some
> body who can say: "Yes, I hear, and it is my task to fix the problem".
>
> My understanding is that you see this as the role of the Ombudsman. I do
> disagree. The Ombudsman has a role, that is rather the one of an auditor,
> who points out problems and makes recommendations, but remains in the field
> of "respect of the procedures". If we believe that one of the parties (the
> consumers) are not protected enough, we need to find a mechanism to protect
> them better by creating a "consumer protection" body, rather than to ask
> somebody that has an "above the parties" role to take a tilted approach to
> make up for a different problem.
>
> In simple words, if in a match between to sport teams one is weaker, I can
> see the approach of strengthening the team as a healthy solution. To ask the
> referee to take the defense of the weaker team is, IMHO, an unhealthy
> solution, although it might be appealing to some (and used in practice quite
> often).
>
> Regards,
> Roberto

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"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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