Registrars exploit the lack of ICANN contract enforcement
Question What is Register.com's Domain Hold service and how much does it cost? Answer Domain Hold is a service that enables you to exclusively reserve domain name(s) for 4 days-preventing registration by others during that period. If you decide to register the domain name during the hold period, you will only be able to register the domain name through Register.com. The Domain Hold service is free, however you will be charged the regular fee for registration when you choose to register the domain name. Please visit our Pricing page for current terms and pricing. How does Register.coms Domain Hold service work? Answer Once you have indicated that you would like to place a domain name on hold, Register.com will hold the domain name on reserve so that you, alone, can register it within the 4 day hold period. Register.com will place the domain name in a special account and you will be emailed instructions and a link explaining how to proceed with your registration and transfer the domain name to your own account. If you do not register the domain name within the 4 day hold period, the domain name will again be available for registration on a first come, first served basis. Question Domain Hold - Why does the WHOIS database show Register.com as the Registrant of the domain name I requested be placed on hold? Answer Register.com is listed as the Registrant of the domain name you requested be placed on hold to enable you, alone, to register the domain name you are interested in during the 4 day hold period. If you have not registered the domain name during the 4 day hold period, on day 5 it will again be available for registration on a first come, first served basis. If you choose to proceed with the registration within the 4 day hold period, the domain name will be transferred to you. [My question] Why isn't this a violation of RAA 3.7.4: 3.7.4 Registrar shall not activate any Registered Name unless and until it is satisfied that it has received a reasonable assurance of payment of its registration fee. For this purpose, a charge to a credit card, general commercial terms extended to creditworthy customers, or other mechanism providing a similar level of assurance of payment shall be sufficient, provided that the obligation to pay becomes final and non-revocable by the Registered Name Holder upon activation of the registration. http://help.register.com/cgi-bin/register_help.cfg/php/enduser/std_adp.php?p... ____________________________________________________________________________________ Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ
Why isn't this a violation of RAA 3.7.4:
Of course it's a violation, just like NSI's front running. My questions: a) What process does ICANN have to audit registrar compliance with the RAA? b) Once egregious violations of the RAA is brought to ICANN's attention, what process does ICANN have to correct them? Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor "More Wiener schnitzel, please", said Tom, revealingly.
Re: a) What process does ICANN have to audit registrar compliance with the RAA? ICANN plans to "increase" site visits to assess RAA compliance -- they will now visit up to 100 sites -- golly that's almost ten percent of the registrar community, so perhaps in a decade we will finally have full compliance. See page 22 of the current operating plan at http://www.icann.org/planning/ops-budget-framework-09.pdf b) Once egregious violations of the RAA is brought to ICANN's attention, what process does ICANN have to correct them? Currently ICANN puts out a "Notice of Intent to Issue Advisory", accepts public comments, and then does nothing. -- see http://www.icann.org/announcements/announcement-19sep07.htm as an example of current practices. ____________________________________________________________________________________ Never miss a thing. Make Yahoo your home page. http://www.yahoo.com/r/hs
John and all, My answers interspersed below. John Levine wrote:
Why isn't this a violation of RAA 3.7.4:
Of course it's a violation, just like NSI's front running.
My questions:
a) What process does ICANN have to audit registrar compliance with the RAA?
Obviously none or it's not working.
b) Once egregious violations of the RAA is brought to ICANN's attention, what process does ICANN have to correct them?
Kindly ask them to cease and desist? Offer them a cookie if they will cease such lack of oversight or errant activity?
Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor "More Wiener schnitzel, please", said Tom, revealingly.
Regards, Spokesman for INEGroup LLA. - (Over 277k 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] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
Quick question - if they "pay" themselves, for the registration, then "refund" themselves when they sell it on, does that violate the RAA? Jacqueline John Levine wrote:
Why isn't this a violation of RAA 3.7.4:
Of course it's a violation, just like NSI's front running.
My questions:
a) What process does ICANN have to audit registrar compliance with the RAA?
b) Once egregious violations of the RAA is brought to ICANN's attention, what process does ICANN have to correct them?
Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor "More Wiener schnitzel, please", said Tom, revealingly.
_______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
At-Large Official Site: http://www.alac.icann.org
Quick question - if they "pay" themselves, for the registration, then "refund" themselves when they sell it on, does that violate the RAA?
That would be pretty transparent. Note that last clause which to me specifically forbids speculative registrations. 3.7.4 Registrar shall not activate any Registered Name unless and until it is satisfied that it has received a reasonable assurance of payment of its registration fee. For this purpose, a charge to a credit card, general commercial terms extended to creditworthy customers, or other mechanism providing a similar level of assurance of payment shall be sufficient, provided that the obligation to pay becomes final and non-revocable by the Registered Name Holder upon activation of the registration. Registering a name and holding onto it for possible resale at an inflated price, like some registrars do with "premium" names, is one thing, but for NSI and register.com it is quite clear that their intention is to sell a domain before they have to pay for it, and that they refund the unsold ones to avoid paying. R's, John
Jacqueline and all my friends, Not sure here. If it isn't I sure as heck should be. They should be refunding the registrants account. "Jacqueline A. Morris" wrote:
Quick question - if they "pay" themselves, for the registration, then "refund" themselves when they sell it on, does that violate the RAA? Jacqueline John Levine wrote:
Why isn't this a violation of RAA 3.7.4:
Of course it's a violation, just like NSI's front running.
My questions:
a) What process does ICANN have to audit registrar compliance with the RAA?
b) Once egregious violations of the RAA is brought to ICANN's attention, what process does ICANN have to correct them?
Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor "More Wiener schnitzel, please", said Tom, revealingly.
_______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
At-Large Official Site: http://www.alac.icann.org
Regards, Spokesman for INEGroup LLA. - (Over 277k 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] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
Danny and all my friends, Nicely and accurately outlined here Danny. Well done! Question: Does ICANN's staff, board or legal council care? Answer: Seems not, or so far, no. Question: Will the ICANN Bod, staff or legal council ever effect a actual solution? Answer: Maybe some day, but don't hold your breath. Question: What does this say about the leadership of ICANN? Answer: It's poor at best, nonexistent or absent at worst. Question: How can all this be rectified? Answer: Fire the lot of them and DOC/NTIA can re-issue ICANN's contract to a responsible group. Danny Younger wrote:
Question What is Register.com's Domain Hold service and how much does it cost?
Answer Domain Hold is a service that enables you to exclusively reserve domain name(s) for 4 days-preventing registration by others during that period. If you decide to register the domain name during the hold period, you will only be able to register the domain name through Register.com.
The Domain Hold service is free, however you will be charged the regular fee for registration when you choose to register the domain name. Please visit our Pricing page for current terms and pricing.
How does Register.coms Domain Hold service work?
Answer Once you have indicated that you would like to place a domain name on hold, Register.com will hold the domain name on reserve so that you, alone, can register it within the 4 day hold period.
Register.com will place the domain name in a special account and you will be emailed instructions and a link explaining how to proceed with your registration and transfer the domain name to your own account.
If you do not register the domain name within the 4 day hold period, the domain name will again be available for registration on a first come, first served basis.
Question Domain Hold - Why does the WHOIS database show Register.com as the Registrant of the domain name I requested be placed on hold?
Answer Register.com is listed as the Registrant of the domain name you requested be placed on hold to enable you, alone, to register the domain name you are interested in during the 4 day hold period.
If you have not registered the domain name during the 4 day hold period, on day 5 it will again be available for registration on a first come, first served basis. If you choose to proceed with the registration within the 4 day hold period, the domain name will be transferred to you.
[My question]
Why isn't this a violation of RAA 3.7.4: 3.7.4 Registrar shall not activate any Registered Name unless and until it is satisfied that it has received a reasonable assurance of payment of its registration fee. For this purpose, a charge to a credit card, general commercial terms extended to creditworthy customers, or other mechanism providing a similar level of assurance of payment shall be sufficient, provided that the obligation to pay becomes final and non-revocable by the Registered Name Holder upon activation of the registration.
http://help.register.com/cgi-bin/register_help.cfg/php/enduser/std_adp.php?p...
____________________________________________________________________________________ Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ
_______________________________________________
Regards, Spokesman for INEGroup LLA. - (Over 277k 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] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
participants (4)
-
Danny Younger -
Jacqueline A. Morris -
Jeffrey A. Williams -
John Levine