RE: [gnso-whois-wg] Why OPoC Must have Relationship w/ Registrar/ICANN not just Registrant

[Danny Younger <dannyyounger@xxxxxxxxx>]

Adam,

I'm trying to understand the implications of your
comment.  Are you suggesting that every natural person
worldwide that seeks to protect their privacy within
the context of a gTLD registration be obligated to
retain an agent for process of service? 
Surely you jest.  
 

--- "Scoville, Adam" <ascoville@xxxxxxxxx> wrote:

> I guess I don't see the kind of conflict you do...
> or at least don't
> think it unique. In the U.S. states (and to my
> passing knowledge, at
> least some other countries), when a person or
> business registers to do
> business in another jurisdiction, they often must
> appoint an agent for
> service of process. That agent has a contract with
> the subject, of
> course, but their whole function is to receive and
> pass on
> communications and notices from third parties. If
> the agent doesn't do
> its job, there are consequences (those professional
> agent companies are
> regulated, as I understand). The one difference is
> that those
> jurisdictions can pass laws that say that providing
> notice to the agent
> is legally equivalent to providing it to the
> subject. ICANN can't do
> that, but it we're making the registrant
> unreachable, should come as
> close as possible, by making sure the OPoC has a
> real obligation to pass
> on the notice. 
> 
>  
> 
> ________________________________
> 
> From: Hugh Dierker [mailto:hdierker2204@xxxxxxxxx] 
> Sent: Friday, July 06, 2007 8:51 AM
> To: Scoville, Adam; gnso-whois-wg@xxxxxxxxx
> Subject: Re: [gnso-whois-wg] Why OPoC Must have
> Relationship w/
> Registrar/ICANN not just Registrant
> 
>  
> 
> No. Making the OPoC a police person is not what
> WHOIS is about. How can
> the OPoC have what amounts to a fiduciary duty with
> the registrant and
> then be contractually bound to serve ICANN? I was
> first of the mind for
> a registration system but then change my mind
> against it for exactly
> this reason.
> 
>  
> 
> Eric
> 
> "Scoville, Adam" <ascoville@xxxxxxxxx> wrote:
> 
>       I think some who didn't attend the San Juan meeting
> have asked
> why an agreement with the registrar or ICANN is
> necessary. 
> 
>        
> 
>       To summarize, a relationship only between the OPoC
> and the
> registrant is insufficient for the following reason:
> if the registrant
> of the domain is in some way a bad actor, a wronged
> third party needs
> the OPoC to perform its functions in order to
> communicate with the
> registrant, and to be able to identify the
> registrant sufficient to
> bring the right legal action against the right
> person in the right
> place. (If that can't be done, there is no law on
> the Internet.) 
> 
>        
> 
>       If the OPoC doesn't perform its functions, under
> this scenario,
> the only party the OPoC is responsible to is the bad
> actor. Moreover,
> the OPoC may complain that the contract the
> registrant gave her never
> required her to perform the responsibilities we set
> out. So perhaps the
> registrant has breached the Registration Agreement
> by failing to require
> the right responsibilities of the OPoC... but all
> that gives is another
> reason the registrant is bad, which is no help in
> the original goal of
> communicating with or bringing legal action against
> the registrant. 
> 
>        
> 
>       Two ways of binding the OPoC would be accreditation
> (i.e. ICANN
> verifies the OPoC's credentials and OPoC agrees to
> perform it's
> responsibilities as a condition of accreditation) or
> acknowledgement
> (i.e. when nominated as an OPoC, the OPoC must in
> some way acknowledge
> to the registrar that it is the OPoC and its
> responsibility to perform
> the specified OPoC functions).
> 
>        
> 
>       Perhaps with acknowledgement there is no indication
> ahead of
> time that the OPoC will do its job (as in
> accreditation), but at least a
> contractual relationship exists (the OPoC must
> respond to a query, and
> acknowledge-agree-that it must perform its set of
> responsibilities).
> 
>        
> 
>       - Adam
> 
>  
> 
>   
> 
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> 
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> 
> 



      
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