RE: [ga] ICANN Board can intervene to stop domain tasting for 1 year

[George Kirikos <gkirikos@xxxxxxxxx>]

Hi Dominik,

--- Dominik Filipp <dominik.filipp@xxxxxxxx> wrote:
> we could perhaps find a better solution. To distinguish between the
> two
> things, NSI and domain tasting, and address them accordingly.

That's the problem, though, that there's no basis upon which to
distinguish the two things. It encourages an arms race amongst
registrars, which destabilizes the registration system.

Consider the case now in the courts between Dell and Belgium Domains:

http://www.domainnamenews.com/legal-issues/dell-computer-vs-trademark-infringing-domainers/1323

In theory, a phantom registrar who wanted to take advantage of the AGP
loophole can point to the NSI example, and then have phantom clients
performing phantom searches, leading to phantom cart holds. I do not
believe ICANN will start auditing registrar webserver logs, or would
have any basis to do so.
 
> In the NSI case ICANN should send an official cease-and-desist letter
> to
> stop the practice.
> In case of domain tasting to follow the existing policy development
> process and to find a fundamental solution, e.g. the cancellation of
> AGP, which, by the way, has gained the majority support in the
> contributor's straw poll.

I'm glad we agree, as does the majority, on what the fundamental
solution is, namely elimination of the AGP, either directly or
indirectly by making it uneconomic for mass-automated purposes. It's
just a matter of the ICANN Board finally deciding to take action now,
while the PDP crawls forward.

Think of the headlines and positive PR -- "ICANN takes decisive action
to halt front-running." Time to seize a golden opportunity to do
something right. I'd love to know which Board members would actually
vote *against* doing so -- I suspect it would be a unanimous vote to
end the practice, perhaps with a few abstentions for those who have
conflicts with registry operators.

Sincerely,

George Kirikos
http://www.kirikos.com/