Re: [ga] Gaming the ICANN Whois Data Reminder Policy

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Andy and all,

  Your quite right on all counts here.  Of course many of us argued
very intently when the Registrars agreements were being developed
and again when they were being revised regarding this sort of
bad practice/Policy.  As I recall the registrars were more concerned
as to how to deal with abandon domain names as an excuse and/or
justification for this than and now obviously flawed and damaging
practice/Policy..

  This also yet again shows that ICANN has little regard
for registrants...

Andy Gardner wrote:

> Of course, now that registrars like godaddy make more money out of
> parking "cancelled" or expired domains at their own PPC pages, then
> auctioning them off if they're not generating enough revenue - than
> they do from registration services, this sort of thing will become
> very common.
>
> It's getting out of control.
>
> Of course, if ICANN were doing their job, the deletion process would
> not have been allowed to be circumvented in this way.
>
> On Mar 1, 2007, at 8:12 AM, Danny Younger wrote:
>
> > Domain Name Wire has reported an account of GoDaddy
> > deleting a domain because of an inaccurate WHOIS
> > record -- see
> > http://domainnamewire.com/2007/02/27/godaddy-deletes-domain-name-
> > for-inaccurate-email-address/
> > and
> > http://domainnamewire.com/2007/02/28/godaddy-responds-to-deletion-
> > over-invalid-email-address/
> >
> > Per ICANN Whois Data Reminder Policy the provision of
> > false Whois information can be grounds for
> > cancellation of a domain name registration.
> >
> > In this particular case it's likely that someone badly
> > wanted this domain name.  They probably noted an error
> > in the WHOIS record and doubtless sent an email to
> > registrant which bounced; next they back-ordered the
> > domain name.  They then notified GoDaddy of a WHOIS
> > Data Reminder Policy violation and when GoDaddy's
> > email to the registrant also bounced GoDaddy in turn
> > acted to cancel the domain name registration.  For a
> > mere $18.99 (the back-order price) anyone can
> > apparently use this method to succesfully game ICANN
> > policy in order to steal someone else's domain.
> >
> > This case illustrates a number of flaws in ICANN's
> > current policy.
> >
> > (1) The transmission of a WHOIS correction request
> > should not solely rely upon email.  There are many
> > reasons that would account for a registrant
> > non-response to an email including being on vacation
> > or having such a Registrar message caught in a Spam
> > filter.  Most of us regard domains as property, as
> > investments... at the very least we should be
> > contacted by postal mail.
> >
> > (2) Registrants should also have the benefit of a
> > redemption grace period under these circumstances
> > instead of an instant cancellation.  It is more
> > appropriate to "turn off the lights on the domain" for
> > a period of time than to outright cancel the domain
> > with the initial registrant likely unaware of his
> > impending doom.
> >
> >
> >
> >
> >
> > ______________________________________________________________________
> > ______________
> > Do you Yahoo!?
> > Everyone is raving about the all-new Yahoo! Mail beta.
> > http://new.mail.yahoo.com

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"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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