[gnso-pednr-dt] Draft question for ICANN Legal Counsel

[Alan Greenberg <alan.greenberg@xxxxxxxxx>]

During our last meeting, I asked about getting an opinion from ICANN 
legal staff regarding the obligations of resellers. It was suggested 
that the question be made in writing, and I am appending a draft 
here. Are there any comments prior to submitting the question.
Alan
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Question to ICANN legal counsel

The ALAC Request for an Issues Report on Post-Expiration Domain Name 
Recovery explicitly stated that the report was to include both ICANN 
Registrars as well as their Resellers. The resultant Issues Report 
did not address the issue of resellers, and when asked about it, the 
verbal response was that registrars are obligated to fulfill their 
obligation under the RAA whether it makes the registration itself, or 
through a reseller.
This requirement to honor the RAA terms even if some aspects are 
sub-contracted is currently not explicitly in the RAA, but presumably 
is implicit in contract law. The proposed RAA amendment package made 
these obligations explicit under several of the 3.12 clauses. 
Presumably their explicit inclusion will make enforcement easier. Correct?
If so, and assuming that the RAA amendments are not adopted through 
some means in the near future, would it be within scope for a 
Post-Expiration Domain Name Recovery PDP to include such terms (with 
respect to expiration-related processes) as part of a consensus policy?