Submission questions

[Keith Davidson <keith@xxxxxxxxxxxxxxxxx>]

From: *Pascal Forchon* <pforchon@xxxxxxxxx>
Date: Sat, Jan 1, 2011 at 7:31 PM
Subject: TLD re-delegation report questions
To: drdwg-redelwthoutconsent@xxxxxxxxx

Thank you for the opportunity to comment on your document, I am studying 
the stability of Registry frameworks and your paper is very interesting.
I have 5 questions:

Background 1:
Annex A from Page 5 of your document:
1.1.1. RFC 1591(Annex A).
"The IANA tries to have any contending parties reach
agreement among themselves, and generally takes no action to change
things unless all the contending parties agree;"

Question 1:
In cases where the assignment or delegation of a TLD Registry pre-dates 
ICANN, and the Registry does not have an agreement with ICANN, what 
legal basis does ICANN have to make changes to that assignment?
Background 2:
If ICANN does not have a legal agreement with the Registry, it is 
understood ICANN's Government Advisory Committee in 2005 tendered advice 
called "PRINCIPLES AND GUIDELINES FOR THE DELEGATION AND ADMINISTRATION 
OF COUNTRY CODE TOP LEVEL DOMAINS" and Section 7 therein "PRINCIPLES 
RELATING TO DELEGATIONS AND RE-DELEGATIONS" which has regard for the 
Rule of Law.
Question 2:
Does ICANN or the Working Group feel this advise is not valid? Please 
explain why.
Question 3a:
To ignore legal process promotes dictators and juntas acting without due 
process.
Where there is contentious issue, why is it inappropriate for Courts to 
decide, or for the law of the jurisdiction where the Registry is based 
to clarify the framework under which a Registry operates?
Question 3b:
Registrants have a contract based on the laws of the jurisdiction of the 
Registry; What are the reasons why the working group is promoting ICANN 
to work in a manner which may be destabilizing to the user community?
Question 4:
Will ICANN pay compensation to the impacted parties where ICANN 
intentionally by virtue of a Board Decision, (and subsequent makes 
changes at IANA,) commits legal tort and impacts directly or indirectly 
the operation and customers/users of a TLD Registry?
Question 5:
ICANN must follow US laws, however Registries must follow the laws of 
their jurisdiction.  If ICANN sets processes that enable US 
laws/corporations to dominate and in the interest of user stability, 
ICANN's processes trigger a fragmentation away from the IANA Universal 
Root; Will ICANN pay compensation to former users of the Universal Root 
for reconfiguration of their systems to a new ROOT system that in the 
interest of stability encompasses both the exiled and newly appointed 
Registry communities?
Thank you again for the opportunity of asking these questions and your 
answers are welcome in the public domain.