The problem I see here is that US consumers need certain protections from a foreign
company that has organized within US borders, that has apparently setup a sophisticated
US Commerce network which use US companies, where US consumers who register domain
names in the US have no due process or legal recourse or protections against the
principle foreign company operating in the US.CORE is apparently in Switzerland
with a sophisticated network of US representatives who are bound by a CORE Membership
contract with CORE. Through the CORE Membership contract and through US representatives,
CORE offers CORE domain name registrations from within the US to US consumers.
What
is see wrong with CORE operations in the US is that when there is a US consumer problem,
CORE requires all disputes or legal proceedings to be held in Switzerland which is
not fair and is misleading to the average US consumer who registers domain names
in the US.
I do not see any problem with a foreign company operating in the US.
However, the problem I see with CORE operations in the US is that CORE has crossed
a reasonable threshold with its development of a sophisticated US Commerce network,
through contract with US representatives, which is misleading and adversely affects
the average US consumer by the consumer not having any due process rights or legal
recourse in the US against CORE and the CORE Registry.
* Can ICANN challenge this
kind of problem?
* Will ICANN challenge this kind of problem?
If ICANN
is posturing itself to be the sole principle US representative and sole principle
regulator of domain names, ICANN responsibility is also to the protection of US Commerce
and the US consumer.
ICANN should require that CORE and the CORE Registry accept
due process, legal jurisdiction and legal venue in the US.
CORE and the CORE Registry
should accept an ICANN requirement that CORE accept due process, legal jurisdiction
and legal venue in the US.
Derek A. Conant
General Manager of ALLDNS