[registrars] Regarding throwing out the bad apples

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello Jim,

> 
> 
> Ross, this is nonsense.  Most of the problems in this 
> industry come either 
> from unethical registrars or from resellers, who (1) don't 
> understand what 
> they are doing or (2) don't care what they are doing.
> 

Agreed.


> 
> Rather than dictate how and when we all do something, why 
> don't we hold the 
> unethical agents responsible for their behavior?  If the 
> problem is bad 
> apples, then don't throw out the entire bushel.
> 

What we have been told by ICANN and the Registry operators (note the
current transfers provisions are actually in the registry-registrar
agreement), is that the current contracts are not easily able to be
enforced because the wording of the transfers policy is too loose.  Thus
to achieve your objective we must first have an "enforceable" contract,
and the new transfers policy is an attempt to do this.

I note that to date no registrar (or registry) has lost its
accreditation with ICANN.  

On the topic of standardised messages etc - note we all use standards
already in our dealings with registrants- we use HTML, we use TCP, we
use port 43 WHOIS etc - which are all standards, but we still are able
to compete.  I see no problem with standardising some administrative
messages (I see the standardised text as just an extension on the
transfer protocol), that are entirely separate from any marketing offer
that you choose to use to gain or keep customers.   Standard transfer
procedures have been used in the telecommunications industry with no ill
effects on "smaller" companies - in fact it should actually aid smaller
companies as they do not need to get legal counsel etc to check messages
that are specified in the contract.

Regards,
Bruce