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Re: [ga] Proposed Advisory

  • To: Ross Rader <ross@xxxxxxxxxx>
  • Subject: Re: [ga] Proposed Advisory
  • From: jwkckid1@xxxxxxxxxxxxx
  • Date: Wed, 5 Dec 2007 01:16:18 -0500 (EST)

Ross and all,

  Thank you Ross for being so blunt, and "Clear", as
well as accurate.  It was refreshing!



-----Original Message-----
>From: Ross Rader <ross@xxxxxxxxxx>
>Sent: Dec 4, 2007 12:48 PM
>To: 
>Cc: ga@xxxxxxxxxxxxxx
>Subject: Re: [ga] Proposed Advisory
>
>
>
>On 4-Dec-07, at 12:38 PM, Nevett, Jonathon wrote:
>
>> I don't disagree that there can be an enforcement track and a policy
>> track.  Unfortunately, ICANN staff's draft advisory is attempting to  
>> go
>> down the road of amending the terms of the Transfer Policy on the  
>> issue
>> of whether registrars may lock domain names for a period of time or
>> require special provisions when a registrant changes Whois contact
>> information just before a transfer request - often a precursor to  
>> domain
>> name hijacking.  Such policy work falls within the GNSO's mandate  
>> and is
>> well beyond the ICANN staff's authority.  If you don't like a certain
>> business practice, you should seek a solution under the approved  
>> policy
>> process. The draft Advisory attempts to deny registrars a key tool in
>> protecting registrants from fraud by changing policy outside the
>> approved policy development process.
>
>This is not only inaccurate, but also FUD. ICANN is tasked with  
>enforcing its contracts. This policy is a part of that contract. ICANN  
>has issued an advisory (draft form or otherwise) outlining how they  
>are choosing to interpret that contract. And frankly, not only is it  
>consistent with the wording and intent of the original transfers task  
>force, but also of most everyone out there, save Network Solutions and  
>GoDaddy.
>
>We went through this circus with NSI on transfers the first time,  
>specifically because we didn't like your business practice. I don't  
>mind it if you choose not to abide by your contracts, but please don't  
>try to tell me that this isn't a contractual issue between NSI and  
>ICANN - at least not with a straight face.
>
>> It's very easy to use words like "flagrant" and "clear" without any
>> supporting facts
>
>
>No, the fact that we regularly have to reach out to registrars like  
>NSI on a personal basis and beg for a favor to have a name unlocked so  
>that a customer can transfer a name away from you makes it easy to use  
>words like "flagrant" and 'clear". Happy to provide as many specific  
>examples as you can stomach.
>
>Ross Rader
>Director, Retail Services
>t. 416.538.5492
>c. 416.828.8783
>http://www.domaindirect.com
>
>"To solve the problems of today, we must focus on tomorrow."
>- Erik Nupponen
>
>
>
>
Regards,

Jeffrey A. Williams
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]
===============================================================
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