Re: [ga] Fwd: Potential Danger Ahead for Registrants -- dot-info Abusive Domain Use Policy

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

George and all,

  I fully agree.  Due process must be recognized.  I have often had
serious concerns and questions regarding Afilias judgment in advance
of due process.

George Kirikos wrote:

> Hi folks,
>
> Afilias has revised their proposed policy:
>
> http://www.icann.org/registries/rsep/index.html#2008007
>
> However, it remains unacceptable and attacks legitimate domain name
> registrants' rights to due process, as it continues to propose that
> registries have the right, in their discretion, to cancel a domain
> name. Removing a domain name from the zone file, pending appeal, is
> certainly sufficient.
>
> Even 2 of ICANN's domain names were recently hacked, as has been widely
> reported, so registries should not be given the right to further
> victimize innocent registrants by having their domain cancelled without
> due process.
>
> Sincerely,
>
> George Kirikos
> http://www.kirikos.com/
>
> --- George Kirikos <gkirikos@xxxxxxxxx> wrote:
>
> >
> > Hi again,
> >
> > According to:
> >
> > http://gnso.icann.org/mailing-lists/archives/council/msg05146.html
> >
> > we are allowed to make comments at any time on proposed new services.
> >
> > I'd like to put my comments below that I posted on the GA list on the
> > record. I'd oppose setting up registries as judge, jury AND
> > executioner. Even the UDRP has checks and balances. So should any new
> > policy, in order to protect the inherent rights of registrants to due
> > process. Removing a domain name from the zone file, without
> > cancelling
> > the domain, is surely sufficient for even the most urgent cases of
> > abuse.
> >
> > Sincerely,
> >
> > George Kirikos
> > http://www.kirikos.com/
> >
> >
> >
> > --- George Kirikos <gkirikos@xxxxxxxxx> wrote:
> >
> > > Date: Sat, 21 Jun 2008 15:50:19 -0700 (PDT)
> > > From: George Kirikos <gkirikos@xxxxxxxxx>
> > > Subject: Potential Danger Ahead for Registrants -- dot-info Abusive
> > > Domain Use Policy
> > > To: ga@xxxxxxxxxxxxxx
> > >
> > > Hi folks,
> > >
> > > ICANN has posted a request by Afilias for a new registry service in
> > > relation to "abusive" domains in dot-info:
> > >
> > > http://www.icann.org/registries/rsep/index.html#2008007
> > > http://www.icann.org/registries/rsep/afilias-request-20jun08.pdf
> > >
> > > While in general the proposal is motivated by good intentions, the
> > > devil is in the details. While most folks (including myself)
> > probably
> > > care very little about the .info TLD, my concern is that any bad
> > > implementation in .info might be copied or used as a precedent in
> > > other
> > > more important TLDs, in particular .com run by VeriSign.
> > >
> > > In particular:
> > >
> > >
> > > "Pursuant to Section 3.6.5 of the RRA, Afilias reserves the right
> > to
> > > deny, **cancel** or transfer any registration or transaction, or
> > > place
> > > any domain name(s) on registry lock, hold or similar status, that
> > it
> > > deems necessary, **in its discretion**;........"
> > >
> > > (emphasis added)
> > >
> > > I would be against giving VeriSign (if the model was copied to
> > .com)
> > > that discretionary power over my company's domains, especially the
> > > "right to cancel." What exactly is "illegal"? In China, I'm sure
> > > there
> > > are many things that are illegal that are perfectly legal in
> > Canada,
> > > the USA or the EU. Suppose a domain name gets hacked for a brief
> > > time,
> > > and is temporarily used to serve up spam or malware, etc. That
> > > company
> > > experiencing bad luck, having their site hacked, can then be put
> > > totally out of business in the event that the registry operator,
> > "in
> > > its discretion," decides to cancel the domain name.
> > >
> > > Thus, I think concern should be raised that any implementation be
> > > very
> > > conservative in order to protect the inherent right of registrants
> > to
> > > due process. The potential for harm in a bad implementation is
> > > enormous, and companies and individuals could be put out of
> > business
> > > if
> > > a valuable domain name is taken from a registrant.
> > >
> > > Sincerely,
> > >
> > > George Kirikos
> > > http://www.kirikos.com/
> > >
> >
> >

Regards,

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