[governance] limits of technical jurisdiction

[yehudakatz at mailinator.com]

Karl Auerbach wrote: 
Re: [governance] limits of technical jurisdiction
[ http://lists.cpsr.org/lists/arc/governance/2007-12/msg00238.html ]

-snip-
...
Or ICANN's mandate that there be registries who only sell via accredited
registrars? Is that technical coordination, if so why? 
... 
-snip-

-

RegisterFly provides us with an interesting contest to examine.

If you go to the RegisterFly web site you find the following *NOTICE TO
CONSUMERS*, proceeded by *RegisterFly's-Notice* definition of "What does that
notice below mean?:

Ref.: http://www.RegisterFly.com/
-
Notice [Proceeding Notice of Notice - ref.:
http://www.registerfly.com/notice.php ]
RegisterFly.com was for 6 years a reseller of domain names for multiple
different domain registrars. In those 6 years we registered in excess of 2
million names, in fact in 2006 alone we added almost 1 million names. We used
the backend and systems of our registrar partners to register and manage domain
names through those six years. In January of 2006 we become operational as a
registrar and registered names directly under our own accreditation. In
February of 2007 we ended our relationship with one of the vendors due to the
relationship becoming more of a competitor vs a vendor. In May of 2007, we
reached an agreement with another registrar to assume the management of some
names in our portfolio that were under our own accreditation.

There was an order granted to ICANN that requires we show this statement on our
homepage, is misleading to consumers for several reasons 

We did a bulk transfer of names that were under our accreditation to another
registrar, hence we do not function as an ICANN accredited registrar. After the
conclusion of the bulk transfer there was no need for us to remain an
accredited registrar since the benefits did not merit the cost and effort
required 
We are an authorized reseller of domain names, the same as we have been for 6
years prior, this has not changed. We are NOT OUT OF BUSINESS as the message
may imply to some 
You can still purchase new domain names or transfer names from us. 
You can purchase, manage hosting and other services as well 
We have grown rapidly throughout the years, we are now taking more of a
customer centric, more responsive company focused on you 
Many of our valued customers have been with us for the past several years and
remain very loyal to RegisterFly.com. We sincerely appreciate your loyalty and
rest assured we are working hard on enhancing our interfaces, offering more
frequent promotions and bolstering customer service staff. With new management
in place, we are eager to earn your business. 

Sincerely

Robert O' Neill
Chief Executive Officer

-

NOTICE TO CONSUMERS. 
THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS - THE NON FOR PROFIT
ENTITY THAT ADMINISTERS THE INTERNET'S DOMAIN NAME SYSTEM, HAS ISSUED A NOTICE
OF TERMINATION OF THIS COMPANY'S ACCREDITATION TO SERVE AS AN INTERNET DOMAIN
NAME REGISTRAR.
PLEASE SEE WWW.ICANN.ORG FOR FURTHER INFORMATION.

--

SO... What validity does Icann have at all, when Registrars can operate
un-accredited, even after US Court rulings?

Please take a look at their site and follow through links: 
http://www.RegisterFly.com/

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