Re: [ga] registration info on domain names

["Richard Henderson" <richardhenderson@xxxxxxxxxxxx>]

The principle of registrants certifying their identity and credentials and qualifications for registering a domain name in restricted TLDs has already been blown out of the water by Registrars like EnCirca (with the tacit acceptance of .Pro) who claimed they themselves had the required qualifications, then acted as "proxy registrants" on behalf of their customers who didn't qualify themselves.

EnCirca's justification for doing this (against the spirit and intentions of ICANN's Agreement to create a restricted domain with verifiaction procedures for registrants) appeared to be that they would sell more domain names that way!

But the really crux of the matter was ICANN's failure to enforce *compliance* with their Agreements. I raised the matter (and it was read out at an ICANN meeting by Vint) and Tina Dam was supposed to look into it, but no action followed. It seems like it was just allowed to happen and ICANN staff hoped everyone would gradually forget about it.

The point is: if you allow registrars to act as "proxy registrants" to circumvent verification procedures for restricted TLDs... then there can be no restricted TLDs.

In Dan Halloran's famous phrase, ICANN exercise "a policy of laissez-faire". Maybe indeed ICANN should not act as a consumer protection organisation for the whole world. But ICANN does, in fact, have the ability to write into its registry and registrar contracts/agreements sufficient punitive conditions to enforce *compliance* and thereby to uphold its Agreements and supposedly carefully-developed policies.

If "anything goes", then what's the point of having a TLDs policy in the first place?

Yrs,

Richard Henderson
  ----- Original Message ----- 
  From: kidsearch 
  To: Hugh Dierker ; ga 
  Sent: Monday, December 12, 2005 9:32 PM
  Subject: Re: [ga] registration info on domain names


  further still, if someone creates a .npo, I'm for further documentation that they are a legitimate nonprofit by the rules of their country before they can get a domain name.

  There may be other instances, like a .inc going only to incorporated entities, etc.
    ----- Original Message ----- 
    From: Hugh Dierker 
    To: ga 
    Sent: Sunday, December 11, 2005 9:39 AM
    Subject: [ga] registration info on domain names


    Times change. I used to be a fervant opposer of information being required for registering a domain name. Of course back then the requirement was pushed by IP folks so they could locate and sue infringers. Well i thought then and still do that it is an invasion of privacy. However nowadays the rules are used more to track down renegade spammers, kiddy porn freaks, fraudulent scheme jerks and terrorists.
    Oh you can still be an artful dodger, although it is getting tougher. And you still should register through a service or proxy.

    But to me that great pendulum which weighs violation of privacy versus public good seems to have swung a bit toward the side of registration.

    Therefor I suggest any new tld be required to prove a reasonably effective manner of identifying registrants. Personally I reccomend certifiying Agents for Service of Process as most countries do for corporations.

    e 


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