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

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

No Agents for Service of Process do not have third party contracts regarding 
the agency.
  Family members of founding incorporators are just as likely to be the agent 
as CT Corp the largest.
  And that system works just great. Let us adopt it.
   
  Eric

"Scoville, Adam" <ascoville@xxxxxxxxx> wrote:
        v\:* {behavior:url(#default#VML);}  o\:* {behavior:url(#default#VML);}  
w\:* {behavior:url(#default#VML);}  .shape {behavior:url(#default#VML);}        
st1\:*{behavior:url(#default#ieooui) }                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
   
    
    
---------------------------------
  
  Park yourself in front of a world of choices in alternative vehicles.
Visit the Yahoo! Auto Green Center.



       
---------------------------------
Building a website is a piece of cake. 
Yahoo! Small Business gives you all the tools to get online.