[ga] [Fwd: Re: [At-Large] Still more folk complaining aboutGoDaddy TransferPolicy Violations]

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

All,

  As an FYI.

-------- Original Message --------
Subject: Re: [At-Large] Still more folk complaining aboutGoDaddy
TransferPolicy Violations
Date: Mon, 09 Feb 2009 15:45:03 +0200
From: Derek Smythe <derek@xxxxxxxxx>
Reply-To: At-Large Worldwide <at-large@xxxxxxxxxxxxxxxxxxxxxxx>
Organization: aa419.org
To: At-Large Worldwide <at-large@xxxxxxxxxxxxxxxxxxxxxxx>
References:
<20090209023732.ZOEZ1703.tomts10-srv.bellnexxia.net@xxxxxxxxxxxxxxxxxx>

Bill Silverstein wrote:
> Danny,
>   That is not at all accurate!  To be accurate, after dinner the wolfs
> would get a nasty letter telling them to explain why they had a mutton
> dinner after they had become vegetarians. Then after a several of these
> letters the wolves would eventually be told not to do that again.
Incorrect! The complainant received a reply from the overseer that they 
are not dietitians, it is someone else's problem.


A lot has been said about this topic, but in a nutshell:

* Until Registrars meet their obligations as per the RAA, not only in 
contractual terms but also in the spirit of the RAA, we will always get 
postings about registrar problems.
* Staff at all levels of ICANN must also subscribe to the letter and 
spirit of the RAA to stop the public from being harmed by those same 
registrars (and sometimes their registrants) where it fall under items 
in the RAA.

Not to steal Chery's thunder, I can say Godaddy is way out of line not 
even meeting the most basic items of the RAA as regards their whois 
obligations - and it does hurt the public! This issue has been beaten to 
death in the past with bodies such as the FTC getting involved. Yet we 
get more of the same.

But as for this being an American issue, no quite. Australia could also 
be listed. Right now Melbourne-IT (to name one registrar) ignores WDPRS 
reports, also for domains harming the public. Yet bad domains are 
streaming in via their resellers.

To make matters worse, reporting registrars not responding to WDPRS 
reports to ICANN at 
http://reports.internic.net/cgi/registrars/problem-report.cgi yields 
answers such as:
> We appreciate you taking the time to complete a InterNic Complaint Report.  
> Your complaint, however, references inaccurate Whois data, which is handled 
> through a separate complaint system.  These complaints are not handled 
> through the InterNic Complaint System and do not get referred.
>
> Your Whois data accuracy complaints should be filed using the Whois Data 
> Problem Report System, located online at http://wdprs.internic.net/.  These 
> complaints are referred directly to the registrar for review and are also 
> analyzed and used to enforce registrar obligations in accordance with ICANN 
> policy.
>
> For further information on what is required of the registrars upon 
> notification of an inaccuracy in Whois data you may wish to view the ICANN 
> Advisory located online at 
> http://www.icann.org/announcements/advisory-03apr03.htm.
>
> Kind regards,
>
> ICANN Services
>
> Ticket Details
> ===================
> Ticket ID: XXXX
> Department: Whois
> Priority: High
> Status: Closed
However, I had reported that WDPRS reports are being ignored ignored by 
a registrar, I listed the domains for which  the WDPRS reports were 
ignored, I pointed out the registrar was in breach of the RAA and that 
the domains harms the public (i.e. used for bank spoofing). Go read the 
wording at the above URL:
> By completing this form, Internet users can initiate help from ICANN's 
> Support Services in filing a grievance concerning a nonresponsive 
> registrar or about enforcement of an alleged violation of the terms 
> listed in the Registrar Accreditation Agreement (RAA).

Yet in my report I was spoilt for choice as to which relevant box to 
tick (I could only tick one):


My point is that registrars and ICANN cannot even get the basics of one 
of the longest outstanding issues, whois details, right. What hope is 
their for newer problems and policies. We will most likely still be 
beating the transfer policies to death in eight years time. Policies do  
not affect change, attitudes and accountability do.


Derek


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