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@cavebear.com> Sent: Jan 23, 2010 2:54 PM To: at-large@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--

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