ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    This discussion has been archived. No new comments can be posted.
    .af Redelegation: Another Government-Initiated Redelegation | Log in/Create an Account | Top | 10 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Duty to enquire?
    by michael (froomkin@lawUNSPAM.tm) on Wednesday January 15 2003, @06:11PM (#10971)
    User #4 Info | http://www.discourse.net/
    I agree there is nothing at all inherently suspicious about the chronology. And, since there's consent from the incumbent, I don't think this is a precedent for government control -- all that other stuff is what lawyers call dicta, and regular people call fluff. Or, at least, that's the best way to treat it.

    But, it's always a good time to ask -- given that the assent of the incumbent is the key to most legitimate re-delegations -- what burden should "IANA" shoulder in such cases to satisfy itself that the consent is real? (And, in cases of conflict and skullduggery [icannwatch.org], uncoerced?)

    [ Reply to This | Parent ]
    Duty to enquire? by michael
    Re:Duty to enquire?
    by dpf (dpf@ihug.co.nz) on Wednesday January 15 2003, @09:37PM (#10972)
    User #2770 Info | http://www.kiwiblog.co.nz/
    A good question.

    In terms of verifying if consent is real and unforged (as per sex.com) then the normal IANA procedure to to insist upon a reply to a verification e-mail sent to the admin and technical contact e-mail addresses.

    This seems to be one of those rare cases where that is not possible and I suppose a judgement was made that it wasn't so important.

    Working out if it is uncoerced is more difficult and I am unsure if ICANN can do much apart from take things at face value. A logical exception would be if there is some reason based on previous public or private statements to doubt the sincerity of the agreement.
    [ Reply to This | Parent ]
    Re:Duty to enquire?
    by lori on Thursday January 16 2003, @11:32AM (#10979)
    User #3589 Info
    Great question. Because "assent of the incumbent is the key to the most legitimate re-delegations," there should at least be a self-imposed duty to enquire into the validity of consent. Further, both ICP-1 and RFC 1591 state that when management is transferred from one organization to another, the IANA "must receive communication from both the old and new organization that assure the IANA that the transfer is mutually agreed." What purpose does this requirement serve if there is no duty to confirm the authenticity of a communication?
    [ Reply to This | Parent ]


    Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com