[ga] ICANN caught with pants down -- implements Expired Domain Deletions Policy

[George Kirikos <gkirikos@xxxxxxxxx>]

Hello,

As a followup to the prior news regarding the NSI anti-competitive move
to hijack expired domains from their prior owners, ICANN has stepped up
with 2 announcements:

1) http://www.icann.org/announcements/announcement-21sep04-2.htm

This one attempts to implement an Expired Domain Deletions Policy
(EDDP), with 3 months notice (won't take effect immediately). What have
they been doing for the past *11 MONTHS*, as there has not been a
single thing preventing them from doing this when it was approved in
CARTHAGE, TUNISIA in 2003!

http://www.icann.org/announcements/advisory-31oct03.htm

The EDDP contains the interesting language:

http://www.icann.org/registrars/eddp.htm

"Extenuating circumstances are defined as: UDRP action, valid court
order, failure of a Registrar's renewal process (***which does not
include failure of a registrant to respond***),"

I assume the part between *** and *** is there to put a stop to the
abusive practice of NSI taking over their clients' expired domains.

2) ICANN issued an *advisory* regarding the NSI/SnapNames actions:

http://www.icann.org/announcements/announcement-21sep04-1.htm

However, they do not comment whether those auctions under the "old
rules" (i.e until December 21, when EDDP is to take effect) have
legitimacy. With the first auctions of NSI expiring on Wednesday,
September 22, 2004 (today!), bidders need to know whether those
auctions are legitimate, and will not be made void at some later date.

ICANN needs to do more, and quickly. It's not like they've not been on
notice of this by me and others for the past 3 years, sheesh. This was
drama that if ICANN had been doing its job, would have been pre-empted
entirely. Instead, the market is shaken up for the next 3 months, or
until NSI backs down, or is sued, etc.

I can see NSI upping the stakes by changing their agreement to transfer
the domain to themselves BEFORE expiry, for example, to get around
these changes. The guys at NSI are not going to give up --- they're
constantly thinking up ways to abuse the marketplace, and recreate
their former monopoly. The time has come to make iron-clad rules that
put things back in registrants' favour, permanently.

Sincerely,

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