Re: [ga] Domain Theft

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

  Well done Danny,
   
  Allow me to combine your two thoughts into the idea that the two concepts should flow evenly - hopefully downhill.
   
  It is quite common in our modern experience that some regulatory/administrative type agency control and direct activities within a given economic sector.
   
  Normally when this type of malfeasance occurs there are administrative remedies available to an agrieved party. These must be spelled out, accessible and provide reasonably swift remedy at lower overall costs. ICANN does not appear to have a compliance section typical of those required by various adminstrative relief acts.
  (kind of an assurance that the agency will govern by law and not by caveat).
   
  OTOH some economic areas only have standard making orgs and businesses like the UBC and/or United Laboratories. This leaves it to codified laws and common law to allow people to address their grievances. I have long argued that ICANN is simply a standard setting coordinating body. One could argue that even hearing complaints of this type would be quite an expansion of their mandate. If the author of this grievance is harmed one bit by delay or missapropriation of priviledged matter and ICANN exceeded their regulatory mandate and that is the cause of harm - woe be it to the BOD member who interfered.

  We must be ever cognizant of the difference between prevention of harm and remedying a wrong. A government and Registry liason position is very different than an ALJ, Administrative Law Judge.
   
  So, i am happy that this author of complaint is getting some action. But i must say it is probably innappropriate help, if you keep your eye on the ball.
   
  e
Danny Younger <dannyyounger@xxxxxxxxx> wrote:
  Eric,

Clearly we won't know details until later... perhaps
the author took out a ten-year registration in '97 and
it lapsed. Who knows? Whatever the case, Board
members have been responsive and I'm told that NSI is
engaged in attending to this matter.

On a related note, I continue to find it troubling
that members of the public have a hard time navigating
through the ICANN website in order to find an
appropriate place to post their serious concerns.





--- Hugh Dierker wrote:

> Danny,
> 
> Thank you for bringing this letter up for
> discussion.
> 
> What the author clearly describes is theft. I do
> not see any issue regarding at least that wrong.
> 
> So my question is why doesn't the author go to the
> police? The FBI?
> Why do people think that regular laws and
> procedures do not apply to the internet?
> If someone had stolen the author's laptop they
> would not go to wipo or icann.
> 
> Whether the concept in this matter should be civil
> or criminal or both I do not know. But I do believe
> referral to proper authorities and recommendation of
> attorney services are the proper responses.
> 
> e
> 
> Danny Younger wrote:
> FYI:
> 
> This letter was just posted to the PDP comment
> forum. 
>
http://forum.icann.org/lists/new-gtlds-pdp-comments/msg00027.html
> 
> To Whom it May Concern:
> 
> I do so much hope you can help me. I'm confident
> there is a more proper place to send this message,
> but
> am in hopes that you will re-direct me to the proper
> email address.
> 
> I will try to state in a very few words my problem. 
> After 
> being an internet presence since 1997 and having
> purchased and owned our domain name
> "themedicineprogram.com" during that entire time,
> paid
> thru 2007, it has been abruptly stolen.
> 
> I personally created the name, used the name in what
> became a national wide organization because of the
> internet, created and diseminated MUCH literature
> and
> information incessantly 
> over those years, only to come to the office one
> morning to find that our webpage and domain had been
> taken down and replaced by others. 
> 
> I believe we have complied with all laws and
> regulations which cover the protected use of this
> domain and the written materials which accompany it.
> 
> I further believe that not only is the domain name
> protected by trademark but also the written
> materials
> are protected by copyright.
> 
> The person who has taken our name is using it to
> intimate that his company is ours and is in the
> business of a very similar nature as ours. I
> desperately need to be guided to the 
> proper source for help. Network Solutions has been
> made aware of the loss and has agreed to release
> their
> records upon receipt of a supoena. The FBI has been
> notified and a complaint filed as directed by our
> attorney.
> 
> Evidently the theft was accomplished by someone
> knowing or hacking into the email address recognized
> by Networks Solutions and by impersonating me the
> thief succeeded in changing ownership or
> transferring
> ownership because Network Solutions became convinced
> that it was done with my knowledge and blessing.
> 
> If you could assist me in ANY way I would be
> eternally
> grateful.
> Our company was established in 1997 to assist
> elderly
> and indigent Americans to obtain help with their
> medicine. Our largest clients were the Social
> Security Administration, State Welfare Offices, The
> Offices of the Division of Aging, and etc.
> 
> Very Sincerely,
> Paul D. Hogg, Founder
> The Medicine Program, Inc.
> 
> 
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