Roberto and all,
I believe what ICA and Dominik is saying is that the
Ombudsman duties are ill defined and therefore
the Ombudsman from a practical stand point, is
nearly useless. I know our members by in large
agree with what ICA suggests... Of course,
we all know ICANN's business practicality
is, and has been, significantly lacking...
And so, the slurry of the ICANN cesspool continues
to flow as it grows...
Roberto Gaetano wrote:
> Dominik,
>
> > please read the letter sent by ICA to Paul Twomey
> >
> > http://www.internetcommerceassociation.org/the_ica
_questions_i
> > cann_presi
> >
dent_on_registerfly_accreditation_and_remdedial_action
> >
> > and notice the paragraph about the Ombudsman.
> >
>
> I know the letter. Incidentally, it is few days old,
and some concerns have
> been addressed already by this document, sent the same
day:
> http://www.icann.org/correspondence/
registerfly-notice-of-breach-21feb07.pdf
> .
>
> However, back to the point of the Ombudsman, I think
that we have different
> opinions on his/her role.
> To me, and this is only my opinion, although I believe
that it is shared by
> several Directors, the Ombudsman's only role is to
check whether the Board,
> or some entity underneath the Board's control, has been
acting in violation
> of the procedures, or has otherwise been unfair to
specific people.
> Nowhere it is written (nor meant, nor implied) that the
Ombudsman should
> have "sent at least a warning letter to
RegisterFly when this had become
> apparent".
>
> >
> > Maybe an oportunity to redefine the role of the
Ombudsman
> > from scratch.
> > And all others involved in this case.
>
> Maybe.
> If your point is that the rights of the registrants
could be defended
> better, I am with you.
> I do believe that one of the problems we have is that
internet consumers
> have insufficient protection. If in the physical world
one of my rights is
> violated (let's say, somebody is parked in my driveway
and does not allow me
> to get out), there is an authority who has jurisdiction
and that can enforce
> the law (in the example, have the car towed away).
However, if the same
> happens in the virtual world (let's say, I am the
victim of a DoS attack,
> and can't perform my job) there is no obvious authority
I can complain to
> and expect to take action. This is not rlated to the
next problem, which is
> how to identify the attacker, it is just the primary
action, which is some
> body who can say: "Yes, I hear, and it is my task
to fix the problem".
>
> My understanding is that you see this as the role of
the Ombudsman. I do
> disagree. The Ombudsman has a role, that is rather the
one of an auditor,
> who points out problems and makes recommendations, but
remains in the field
> of "respect of the procedures". If we believe
that one of the parties (the
> consumers) are not protected enough, we need to find a
mechanism to protect
> them better by creating a "consumer
protection" body, rather than to ask
> somebody that has an "above the parties" role
to take a tilted approach to
> make up for a different problem.
>
> In simple words, if in a match between to sport teams
one is weaker, I can
> see the approach of strengthening the team as a healthy
solution. To ask the
> referee to take the defense of the weaker team is,
IMHO, an unhealthy
> solution, although it might be appealing to some (and
used in practice quite
> often).
>
> Regards,
> Roberto
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k
members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
Abraham Lincoln
"Credit should go with the performance of duty and not
with what is
very often the accident of glory" - Theodore Roosevelt
"If the probability be called P; the injury, L; and the
burden, B;
liability depends upon whether B is less than L multiplied
by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir.
1947]
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