- At-Large - lists.icann.org

Registrants' Rights Charter -- where now?
by Evan Leibovitch Jan. 25, 2010

Jan. 25, 2010

One of the things I've long wanted to do within At-Large was to help draft some kind of a Charter (or Declaration) of Registrant Rights. It was mentioned frequently during the At-Large Summit and I had believed that it was something that ought to be universal, simple and direct. If done properly, acceptance by ICANN would be a clear indication that the organization was serious about serving the interests of the public good. So when the GNSO voted to create a joint ALAC/GNSO team to draft a "Registrant Rights Charter<https://st.icann.org/data/workspaces/raa-related/attachments/14_december_20…>" March 4 as part of a broader effort to update the RAA, I was hopeful. However, such hope has been substantially diminished if not eliminated. The team was split into two working groups, subgroup A to work on the charter and subgroup B to work on specific RAA amendments to be considered; I because involved in subgroup A. I soon became aware that this subgroup, dominated by ICANN's contracted parties, insisted that the core work of this charter should be an enumeration of registrant rights (and responsibilities) *as they exist in the current RAA*. To me, this is more of a documentation project than a definitive assertion of how ICANN should be serving its public. When it was noted in one meeting that a "Charter" was more of a declaration of how things should be (as opposed to just reporting what exists right now), that declaration was to be referred to as "aspirational" Charter and considered a secondary issue. In fact, many in the meeting had no idea what might even be included in such an "aspirational" document -- in response, I hastily drew up some potential articles and typed them into the Adobe Chat. (Thanks to Heidi, they can be found publicly at https://st.icann.org/raa-related/index.cgi?raa_wg_a_workspace_for_aspiratio… ). There has been much discussion of the Charter since then, on a mailing list and in teleconferences, as an enumeration of what exists in the RAA. Staff has provided a document of this nature<https://st.icann.org/data/workspaces/raa-related/attachments/20_january_201…> which Cheryl and I have offered to review and provide pointers to assist with understanding the jargon. But, far more troubling, at the last meeting<https://st.icann.org/raa-related/index.cgi?20_january_2010_raa_dt_sub_wg_a_…> chair Michele Neylon declared that the "aspirational document" was no longer within the scope of the group. So as of this moment, the concept of a true charter -- a declaration of what registrants ought to be able to expect from ICANN -- is completely out of the process. Even the little that existed has been shunted aside. Now, it hasn't helped that so few members of At-Large have participated. Beau, Cheryl and myself appear to have been the only people from At-Large with enough interest to participate. As a result it's easy to get bullied at meetings where there is a chorus of voices ready to oppose initiatives to serve the interests of end-users and personal registrants. Given that advocating the rights of the public is At-Large's primary mandate, one would think that a Charter of Rights of registrants would be a core component of such advocacy. It would guide both At-Large and ICANN itself in their policy making and indeed ultimately affect the RAA as it moved forward. What remains is to ponder what's next. Maybe it was a mistake to believe that a GNSO WG could be the proper forum for crafting such a document in the first place. Maybe it's just as well, I would easily argue that a statement of registrant rights, if sufficiently universal, should also apply to ccTLDs. Maybe we should be consulting with ISOC and the IGF, rather than with registrars and registries, in its development. Perhaps it is time for ALAC to take some further initiative here; is anyone else interested? Or is the concept of a real Charter -- one that was envisioned on Page 2 of the Summit Declaration -- to be left to fade away? -- Evan Leibovitch

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Re: [At-Large] Registrants' Rights Charter -- where now?
by Beau Brendler Jan. 23, 2010

Jan. 23, 2010

Well, then let's include a third party beneficiary rights statement in the aspirational document. I've heard support for this idea from some people in the community before. -----Original Message----- >From: Karl Auerbach <karl(a)cavebear.com> >Sent: Jan 23, 2010 2:54 PM >To: at-large(a)atlarge-lists.icann.org >Subject: Re: [At-Large] Registrants' Rights Charter -- where now? > >On 01/23/2010 06:27 AM, Evan Leibovitch wrote: > >> Perhaps it is time for ALAC to take some further initiative here... > >It strikes me that there is a small step that can be taken that is not a >"mere aspiration". (As if aspirations were not the atoms from which >concrete policies are constructed.) > >A Charter of Registrants Rights is a nice aspiration, but wouldn't it be >nice if registrants could get even the bare rights that are supposed to >be given to them under the existing ICANN registrar and registry contracts? > >At a bare minimum all ICANN contracts with registrars and registries >ought to be amended to add third party beneficiary rights provisions >that recognize domain name holders as having the power to go to court to >enforce contractual obligations even if ICANN fails to do so. > >As it stands today a registrar or registry can do horrible things to >registrants, things that are clearly in violation of its contract with >ICANN, and the effected domain name registrants can do no more than >watch, endure, and suffer. > >With third party beneficiary rights registrants would have the power to >take action. > >Yes, I know that third party beneficiary rights is a topic listed >somewhere on lists of things to be discussed someday in the future, if ever. > >ICANN has steadfastly over the years refused even to discuss the >possibility that perhaps ICANN might someday want to consider that it >might add third party beneficiary rights to the contracts. > >The reason given by ICANN for this position is that ICANN fears that >registrants might actually try to enforce their rights and that some >cases might succeed and others might fail, creating a patchwork of >decisions. > >However, it seems to me that a patchwork cloth is more protection >against the cold winds of registrar misbehavior and ICANN inaction than >today's nakedness. > > --karl-- > >_______________________________________________ >At-Large mailing list >At-Large(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.ican… > >At-Large Official Site: http://atlarge.icann.org

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Re: [At-Large] Registrants' Rights Charter -- where now?
by Beau Brendler Jan. 23, 2010

Jan. 23, 2010

Evan... I had to bow out of the most recent RAA meeting because of a work conflict that sprang up at the last moment. However, I did have a brief, focused phone conversation with Heidi and Michele earlier in the day, to discuss the agenda. Nowhere was it brought up during that discussion that the "aspirational document" was now out of scope. Further, the "aspirational document" was in the stated scope of Group A in more than one update I have sent to the GNSO. So, a) No one has the authority to simply "rule it out" and b) as co-chair of the group, I didn't agree to any such thing. I haven't spoken to Michele since the day of the meeting, but I would assume there is some miscommunication here. However, what would be great would be that someone other than you, me, Cheryl or the "usual suspects" actually contribute to this process. It would be nice to hear from someone on LACRALO on this topic. It would be great to hear from someone on AFRALO. Or EURALO, for that matter. The more participants we can get from diverse regions to bring forward their aspirations, the more seriously the ICANN community will have to take the process. Beau -----Original Message----- >From: Evan Leibovitch <evan(a)telly.org> >Sent: Jan 23, 2010 9:27 AM >To: ICANN At-Large list <at-large(a)atlarge-lists.icann.org> >Subject: [At-Large] Registrants' Rights Charter -- where now? > >One of the things I've long wanted to do within At-Large was to help draft >some kind of a Charter (or Declaration) of Registrant Rights. It was >mentioned frequently during the At-Large Summit and I had believed that it >was something that ought to be universal, simple and direct. If done >properly, acceptance by ICANN would be a clear indication that the >organization was serious about serving the interests of the public good. > >So when the GNSO voted to create a joint ALAC/GNSO team to draft a "Registrant >Rights Charter<https://st.icann.org/data/workspaces/raa-related/attachments/14_december_20…>" >March 4 as part of a broader effort to update the RAA, I was hopeful. >However, such hope has been substantially diminished if not eliminated. > >The team was split into two working groups, subgroup A to work on the >charter and subgroup B to work on specific RAA amendments to be considered; >I because involved in subgroup A. I soon became aware that this subgroup, >dominated by ICANN's contracted parties, insisted that the core work of this >charter should be an enumeration of registrant rights (and responsibilities) >*as they exist in the current RAA*. To me, this is more of a documentation >project than a definitive assertion of how ICANN should be serving its >public. > >When it was noted in one meeting that a "Charter" was more of a declaration >of how things should be (as opposed to just reporting what exists right >now), that declaration was to be referred to as "aspirational" Charter and >considered a secondary issue. In fact, many in the meeting had no idea what >might even be included in such an "aspirational" document -- in response, I >hastily drew up some potential articles and typed them into the Adobe Chat. >(Thanks to Heidi, they can be found publicly at >https://st.icann.org/raa-related/index.cgi?raa_wg_a_workspace_for_aspiratio… >). > >There has been much discussion of the Charter since then, on a mailing list >and in teleconferences, as an enumeration of what exists in the RAA. Staff >has provided a document of this >nature<https://st.icann.org/data/workspaces/raa-related/attachments/20_january_201…> >which >Cheryl and I have offered to review and provide pointers to assist with >understanding the jargon. But, far more troubling, at the last >meeting<https://st.icann.org/raa-related/index.cgi?20_january_2010_raa_dt_sub_wg_a_…> >chair >Michele Neylon declared that the "aspirational document" was no longer >within the scope of the group. > >So as of this moment, the concept of a true charter -- a declaration of what >registrants ought to be able to expect from ICANN -- is completely out of >the process. Even the little that existed has been shunted aside. > >Now, it hasn't helped that so few members of At-Large have participated. >Beau, Cheryl and myself appear to have been the only people from At-Large >with enough interest to participate. As a result it's easy to get bullied at >meetings where there is a chorus of voices ready to oppose initiatives to >serve the interests of end-users and personal registrants. Given that >advocating the rights of the public is At-Large's primary mandate, one would >think that a Charter of Rights of registrants would be a core component of >such advocacy. It would guide both At-Large and ICANN itself in their policy >making and indeed ultimately affect the RAA as it moved forward. > >What remains is to ponder what's next. Maybe it was a mistake to believe >that a GNSO WG could be the proper forum for crafting such a document in the >first place. Maybe it's just as well, I would easily argue that a statement >of registrant rights, if sufficiently universal, should also apply to >ccTLDs. Maybe we should be consulting with ISOC and the IGF, rather than >with registrars and registries, in its development. > >Perhaps it is time for ALAC to take some further initiative here; is anyone >else interested? Or is the concept of a real Charter -- one that was >envisioned on Page 2 of the Summit Declaration -- to be left to fade away? > >-- >Evan Leibovitch >_______________________________________________ >At-Large mailing list >At-Large(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.ican… > >At-Large Official Site: http://atlarge.icann.org

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Nairobi meeting is reaffirmed
by Alan Greenberg Jan. 22, 2010

Jan. 22, 2010

The ICANN Board has met and decided that the meeting will go on. See http://blog.icann.org/2010/01/icann-remains-committed-to-nairobi-and-africa/. Further details will no doubt be released over the coming days. Alan

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Weekly posting summary for alac@atlarge-lists.icann.org
by Thomas Narten Jan. 22, 2010

Jan. 22, 2010

Total of 32 messages in the last 7 days. script run at: Fri Jan 22 00:53:02 EST 2010 Messages | Bytes | Who --------+------+--------+----------+------------------------ 18.75% | 6 | 19.14% | 38591 | karl at cavebear.com 15.62% | 5 | 14.14% | 28512 | johnl at iecc.com 9.38% | 3 | 12.07% | 24336 | jmamodio at gmail.com 9.38% | 3 | 8.66% | 17448 | icann-list at sorehands.com 6.25% | 2 | 7.36% | 14834 | carlosaguirre62 at hotmail.com 6.25% | 2 | 7.34% | 14802 | derek at aa419.org 6.25% | 2 | 6.31% | 12712 | sebastien at bachollet.com 6.25% | 2 | 5.64% | 11366 | staff at atlarge.icann.org 3.12% | 1 | 3.30% | 6648 | isolatedn at gmail.com 3.12% | 1 | 2.85% | 5749 | narten at us.ibm.com 3.12% | 1 | 2.73% | 5498 | gisella.gruber-white at icann.org 3.12% | 1 | 2.66% | 5369 | wendy at seltzer.com 3.12% | 1 | 2.65% | 5333 | michele at blacknight.ie 3.12% | 1 | 2.58% | 5203 | bfausett at internet.law.pro 3.12% | 1 | 2.57% | 5176 | evan at telly.org --------+------+--------+----------+------------------------ 100.00% | 32 |100.00% | 201577 | Total

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Strategic Planning 2010-2013 - draft ALAC comments
by Sébastien Bachollet Jan. 21, 2010

Jan. 21, 2010

All, Please find, on the Wiki, a document that assembled comments from the various RALOs (and Vanda) with the objective to have one single document to be commented and validated by ALAC. https://st.icann.org/alac-docs/index.cgi?alac_statement_on_icann_draft_strat egic_plan_2010_2013_al_alac_st_0110_1 Your comments (on the Wiki) are welcome. Off course the comments establish by each RALO can be send to ICANN also. All the best Sébastien Bachollet <mailto:sebastien@bachollet.com> sebastien(a)bachollet.com +33 6 07 66 89 33

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ICANN Fellowshiip Applications for Brussels has opened
by carlos aguirre Jan. 20, 2010

Jan. 20, 2010

Dear Collegues around the world. Fulfilling part of my tasks, I want to inform you about the Fellowship program and open applications for Brussels Meeting (june 20 to 25 - 2010). Applications for the meeting in Brussels will be accepted from now until 1200 PDT (UTC -7) on 19 February 2010. More Information: http://www.icann.org/en/announcements/announcement-11jan10-en.htm . Carlos Dionisio AguirreALAC member by LACRALOChair Participation and Engagement in ICANN WG _________________________________________________________________ ¿Querés chatear en todos lados con tu celu? ¡Registrate a SMS Messenger! http://www.somosmessengersiempre.com/?ocid=TWLH

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US court says WHOIS Privacy Considered “Material Falsification”
by Evan Leibovitch Jan. 19, 2010

Jan. 19, 2010

Finally, a little common sense and a nice precedent. A US court has determined that the act of spamming, combined with using a whois privacy serve, contravenes the country's "CAN SPAM" laws. It ruled that the use of a whois privacy service constitutes a deliberate attempt to mislead internet users. http://www.domainnamenews.com/legal-issues/whois-privacy-material-falsifica… -- Evan Leibovitch evan(a)telly.org

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FW: Letter from the Chair of the Participation and Engagement WG
by carlos aguirre Jan. 15, 2010

Jan. 15, 2010

Dear Mohamed. Excellent like always your participation !!!! thank's Carlos Dionisio Aguirre abogado - Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 www.derechoytecnologia.com.ar http://ar.ageiadensi.org Date: Fri, 15 Jan 2010 16:21:42 +0300 From: mbashir(a)mbash.net To: carlosaguirre62(a)hotmail.com CC: staff(a)atlarge.icann.org Subject: Re: [At-Large] Letter from the Chair of the Participation and Engagement WG Hi Carlos, Participation & Engagement in ICANN WG Please find bellow my ideas/comments : 1 – Direct communication with each one of ALS leaders, and each end user registered in a data base. ( will be goo ) . 2 – Use of Social Networks, like twitter, facebook, my space and others ( very Important and will enable big out-reach ). 3 – Document Translations in every languaje ( at least in main six : Spanish, French, Chinese, German, Russian & Portuguese) ( Arabic Language need to be included, its a UN official Language and ICANN translate its main Languages to Arabic ) 4 - End User Friendly Document (in different languajes) about tasks and functions and finalities of each one Suporting Organization and Advisory Committees, and any other part of ICANN structure. 5 – Make periodical teleconference with the people who want participate in a WG 6 - Engage, out-reach to different Regional events, ICANN staff can do that reach-out . 8 - Mentoring/Training/Engagement of Universities to encourage its students to conduct projects/researches on ICANN Policy Development area .. Regards, Mohamed On 1/7/10 5:26 PM, ICANN At-Large Staff wrote: Dear All, The following email is transmitted to you on behalf of Carlos Aguirre, Chair of the working group on At-Large Engagement in ICANN. **************** Participation & Engagement in ICANN Working Group. First Letter for the At Large Community Following work started in Mexico Summit by the WG #1, and with the intention to improve this work trying to achieve the objectives fixed in that opportunity, and after to be nominated by ALAC as Chair of this WG, I want to make extensive to every end users around the world the invitation to participate and colaborate in this huge effort. That participation have to do with the engagement in the ICANN task, and with the understanding that the End Users must be involves into the ICANN desitions in order to do a better world for everyone. We need specially ideas of all of you, to give or add our knowledges to who is in charge into the Organization. We are convinced, the participation for End Users is in most of the cases very difficult, and for multiples factors: like different languajes, lack of knowledge, lack of time, priorization of other matters, etc, etc. We are sure, this is not an easy job, but we will try to reduce the gap, with the multiple participation of all of you, and giving a chanel for where this communication could be fluid. That is the intention of this WG. We want, at this moment, add and share with you some new ideas, to the final WG#1 statement (given at the Mexico Summit), to be analized by you, and asking your comments and points of view about this, in principle. After that,Then, the idea is give to you some documents to hear your feedback and opinions and make in this form a shared work in order to improve and make a better and massive participation, generating an brain storming wich could surely help to achive the goals. There are not silly comments nor useless participation, any one of you can do a productive contribution. For that, Could you help us to improve the communication, participation and in definitive our commitment into ICANN ?. We are sure that the response is YES !! We want to receive of any way your participation, trough documents, mails, tweets, messages in any way, in English, Spanish, French or any other languaje. The idea is to have your participation, doesn`t matter how or how much, the important is to do. And we are waiting those comments and points of view. We are waiting your comments, don`t hesitate and GO ahead!! thank`s and best regards, and of course happy new year for all of you. Carlos Dionisio Aguirre ALAC elected member , by LACRALO & chair of Participation and engagement WG. ------------------------------------------------------------------------------------------------------ Some new ideas in a brain storming method to add the final Mexico Summit statement – Add your idea !!!! will be welcomed !!!.!. 1 – Direct communication with each one of ALS leaders, and each end user registered in a data base. 2 – Use of Social Networks, like twitter, facebook, my space and others. 3 – Document Translations in every languaje ( at least in main six : Spanish, French, Chinese, German, Russian & Portuguese) 4 - End User Friendly Document (in different languajes) about tasks and functions and finalities of each one Suporting Organization and Advisory Committees, and any other part of ICANN structure. 5 – Make periodical teleconference with the people who want participate in a WG 6 - YOUR IDEA... -------------------------------------------------------------------------------------------------- You can download the PDF file of the ALAC statement on At-Large Participation in ICANN, which was drafted by the working group on At-Large Engagement in ICANN during the Mexico Summit under: http://tinyurl.com/yfo7phy _______________________________________________ At-Large mailing list At-Large(a)atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.ican… At-Large Official Site: http://atlarge.icann.org Con Hotmail, decidí cuáles mails van a correo no deseado: filtros anti-spam, para un inbox más seguro. Ver más. _________________________________________________________________ Todo lo que necesitás para cuidar tu salud está MSN http://salud.latam.msn.com/

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Weekly posting summary for alac@atlarge-lists.icann.org
by Thomas Narten Jan. 15, 2010

Jan. 15, 2010

Total of 14 messages in the last 7 days. script run at: Fri Jan 15 00:53:03 EST 2010 Messages | Bytes | Who --------+------+--------+----------+------------------------ 21.43% | 3 | 92.38% | 1060689 | staff at atlarge.icann.org 21.43% | 3 | 2.39% | 27449 | cdel at firsthand.net 14.29% | 2 | 1.66% | 19108 | carlosaguirre62 at hotmail.com 14.29% | 2 | 1.39% | 16010 | evan at telly.org 7.14% | 1 | 0.69% | 7920 | elisabeth.porteneuve at cetp.ipsl.fr 7.14% | 1 | 0.50% | 5795 | ocl at gih.com 7.14% | 1 | 0.50% | 5726 | narten at us.ibm.com 7.14% | 1 | 0.48% | 5531 | andrespiazzagpj at hotmail.com --------+------+--------+----------+------------------------ 100.00% | 14 |100.00% | 1148228 | Total

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