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

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Geroge and all former DNSO GA members or other stakeholders/users,

  Get it straight, ICANN in it's present legal status cannot sue anyone
or any entity.  Hence all of the Registries or Registrars, can ignore
their contracts with ICANN unless the DOC/NTIA in conjunction
with the DOJ is willing to take direct legal action.  Remember ICANN
is essentially an contracted agent of DOC/NTIA.  As the current
DOC budget is too limited to seek protracted legal litigation or
legal challenges, the likelihood of ICANN's own Registries and
Registrars will be held to task...


George Kirikos wrote:

> 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/

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"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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