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Re: [ga] ICM cross-registry WHOIS database

  • To: Dominik Filipp <dominik.filipp@xxxxxxxx>
  • Subject: Re: [ga] ICM cross-registry WHOIS database
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Tue, 06 Mar 2007 22:52:56 -0800
  • Cc: ga@xxxxxxxxxxxxxx, icann board address <icann-board@xxxxxxxxx>, icann staff <icann-staff@xxxxxxxxx>, "Icann Atty. john jeffrey@xxxxxxxxx" <john.jeffrey@xxxxxxxxx>, Kathy Smith <KSMITH@xxxxxxxxxxxx>, Ranjit de Silva <rdesilva@xxxxxxxxxxxx>, "John M.R. Kneuer" <jkneuer@xxxxxxxxxxxx>, Paula Bruening <pbruening@xxxxxxxxxxxx>, wendy seltzer <wendy@xxxxxxxxxxx>, Clyde Ensslin <censslin@xxxxxxxxxxxx>, Cindy Cohn <cindy@xxxxxxx>, Barbara Simons <simons@xxxxxxx>
  • Organization: INEGroup Spokesman
  • References: <CA68B5E734151B4299391DDA5D0AF9BF107F2D@mx1.dsoft.sk>
  • Sender: owner-ga@xxxxxxxxxxxxxx

Dominik and all,

  ICANN is not able or is not willing to enforce it's own
contractual agreements in a timely manner if at all,
i.e. RAA, as history has clearly shown.  ICM's
cross-registry WHOIS database scheme is somewhat
similar to Network Solutions Centralized Whois with
some additional privacy violating DCMA style that
are very concerning and as Dr. Dierker has suggested
will almost certainly generate legal actions accordingly.

  As DCMA has already been successfully challenged
on privacy violation grounds of late forcing some
changes in DCMA provisions which I doubt ICANN
or it's legal staff are aware of, what Danny had earlier
mentioned along these lines in an earlier post on a
different thread, is even a more serious concern to
registrants and future registrants and yet registrants
have no voice or vote by which they can realistically
address what Danny rightly expressed.

Dominik Filipp wrote:

> Danny,
>
> I personally guess this point is just stressing of the standard
> paragraph 3.3.4 in RAA (Registrar Accreditation Agreement,
> http://www.icann.org/registrars/ra-agreement-17may01.htm#3) to ensure
> WHOIS (or domain availability) searching capabilities across registrars,
> much like other registrars are already compliant with regardless of TLDs
> they support. I don't think it's about establishing a brand new
> database. Anyway, we already have something like that embodied in the
> existing InterNIC database. But, of course, it should be verified.
>
> By the way, as regards the mentioned paragraph 3.3.4 in RAA, I have
> noticed that the cross-registrar domain information availability is a
> mandatory requirement for registrars as written in RAA. The NAMEKING.COM
> registrar, currently the master-taster of the week with almost 20%
> domains over all domains registered at GoDaddy
> (http://www.webhosting.info), is running a dummy web site with all links
> utter garbage. Just hover the mouse cursor over the links and see the
> dummy references in the IE status bar. Needless to say, the WHOIS
> capability is inaccessible at all. In my opinion this is a breach of the
> RAA agreement and another warning letter should promptly go there.
>
> Dominik
>
>
> -----Original Message-----
> From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
> Of Danny Younger
> Sent: Tuesday, March 06, 2007 2:13 PM
> To: Nevett, Jonathon; ga@xxxxxxxxxxxxxx
> Subject: [ga] ICM cross-registry WHOIS database
>
> Jon,
>
> What's your view of the following clause in ICM's Appendix S?
>
> "Registrars will be required to participate in the operation of a
> cross-registry WHOIS database, which will provide searching capabilities
> and access to all information concerning domain name registrations
> regardless of which TLD the domain name is registered in or which
> registrar processed the domain name application."
>
> Who is providing this cross-registry database?  Is this an ICANN project
> or an ICM initiative?
> Presumably this is something different than VeriSign's Centralized
> WHOIS.
>
>
> ________________________________________________________________________
> ____________
> The fish are biting.
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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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