Re: [ga] Who can't be an icann registrar?

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Konrad and all,

  I could not agree with you more here Konrad, and I have been,
along with many others, for several years been saying essentially the
same thing to no avail.  ICANN's accreditation process is a sham
and always was.   RegistryFly only recently proved ICANN's
accreditation process is a sham.  And it looks like they are going
to prove it all over again...  Shameful.

  From where I sit its almost like the ICANN leadership is
intentionally attempting to endanger registrants and therefore
consumers/users accordingly.

Konrad Brandt wrote:

>
> >"Would it be wise for ICANN to increase that risk by denying someone
> a
> livelihood because that person does not pass ICANN's private standards
>
> of conduct?"
>
> Well yuh!  let them find a livelihood somewhere else.
>
> >"it is probably not wise for us to want to vest even further
> authority into ICANN."
>
> The reality is that icann already has an application process for
> registrars.  Basic requirements exist such as insurance, working
> capital and understanding of icann policies.  No one can become a
> registrar without completing this process.  Failure to satisfy certain
> requirements are ALREADY grounds for denying accreditation.
>
> like it or not, the public expects icann to do something when existing
> registrars become bad actors.
>
> more importantly, like it or not, the public expects icann to be
> proactive in preventing bad actors from becoming registry/registrar
> owners in the first place.
>
> >"Were ICANN a properly empowered, properly chartered, and properly
> overseen governmental body, operating under well defined and practiced
>
> rules of transparency, openness, and accountability, and with a
> mandated requirement to listen to the public and honor those concerns
> then yes,
> ICANN could then, perhaps with relative safety, go into the kind of
> background histories."
>
> Agreed.  This is certainly icann's stated goal and mission.  So, they
> should be acting accordingly to fulfill this mission.
>
> Konrad Brandt
>
>
>
> Karl Auerbach <karl@xxxxxxxxxxxx> wrote: Konrad Brandt wrote:
>
> > Can someone who has been banned for life by the US Federal Trade
> > Commission own and operate an icann registrar?
>
> Unless there is a US Federal law that imposes the decisions of the FTC
>
> onto nominally private bodies, such as ICANN, then the FTC's decision
> has no effect on ICANN.
>
> Moreover, in the US, corporations are considered legal people - two
> different corporations are usually considered separate even if they
> have
> the same shareholders.  This same kind of legal fiction about
> corporations tends to exist in many, perhaps most, countries.
>
> So in answer to your question - Even people who have done bad things
> can
> become ICANN registrars.
>
> > Doesn't icann perform a background check on new registrars?
>
> This is actually a much broader question.
>
> Should ICANN be a consumer protection agency?
>
> Or should ICANN simply be a gatekeeper to ensure that registries and
> registrars adhere to minimal compliance with *technical* mandates
> necessary to preserve the *technical* stability while leaving
> compliance
> to the requirements of law to the law creation and law enforcement
> mechanisms of the various countries?
>
> Indeed, ICANN is already at risk as a combination in restraint of
> trade.
>   Would it be wise for ICANN to increase that risk by denying someone
> a
> livelihood because that person does not pass ICANN's private standards
>
> of conduct?  Some may be tempted to take the road of vigilantism,
> history has taught us that it is a dangerous road.
>
> Were ICANN a properly empowered, properly chartered, and properly
> overseen governmental body, operating under well defined and practiced
>
> rules of transparency, openness, and accountability, and with a
> mandated
> requirement to listen to the public and honor those concerns then yes,
>
> ICANN could then, perhaps with relative safety, go into the kind of
> background histories.
>
> But absent that kind of structure, and we know that ICANN is far from
> that structure, it is probably not wise for us to want to vest even
> further authority into ICANN.
>
>   --karl--
>
>
>
>
>

--
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

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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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