Danny Younger wrote:
We all read on the At-Large Forum Tim Cole's response regarding RegisterFly's failure to renew registrations held by Mr. Moore: "it does not appear that there has been any violation of ICANN policy that would qualify as a violation of the registrar contract with ICANN."
... and yet a year later RegisterFly is disaccredited for precisely the actions decribed by Mr. Moore.
False. The reason why RegisterFly has lost its accreditation was because of violation of its contract *with ICANN*, specifically not complying with the redressment measures put in place, not at all because of violation of its contract *with its customers*, which was the subject of Mr. Moore's lawsuit. And this is precisely the reason why the judge has indicated that he had no jurisdiction over the case, in relation to ICANN. ICANN could not foresee, one year earlier, that after having violated the contract with its customers (which is a private relationship between registrar and customers) RegisterFly would have failed to comply also with its obligations with ICANN: at the time when the sentence had been written by Tim Cole, there was no breach of RegisterFly wrt the registrar accreditation terms.
Did the ALAC have a duty to follow this user issue, to bring the matter of persistent registrant abuse to the attention of the Board? Sure it did. But it didn't do that... it basically did nothing even as a flood of complaints regarding registerfly began to emerge and even while several of those complaints continued to appear on the At-Large Public Forum.
I insist that ALAC's role is not to act as a consumer protection agency. And this is the key issue on which we have a disagreement. Cheers, Roberto
The public complains to the ALAC, and the ALAC ignores the complaints and then shuts down the ALAC Public Forum.
If five years after the creation of the ALAC you have to ask the question "What is the ALAC's role?", then you clearly have a body with no continuing purpose in the ICANN process.
By the way, how long do you intend to postpone the ALAC review? I'm beginning to wonder if the delay stems from problems finding an independent reviewer that will in advance commit to your predetermined conclusion regarding the future of the ALAC.
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