Michael and all,
Interesting points here Michael. Don't expect any honest or direct
answers anytime soon....
Michael Sondow wrote:
> Mr. McLaughlin-
>
> You told me (and others?) in Singapore that the WIPO-inspired
> provisions of the Accreditation Guidelines prejudicial to domain
> name holders would be removed pending the completion of the WIPO
> process and further input from the community. Now, only two days
> after the WIPO consultation of March 10th - which I and others
> attended at great personal expense, and at which the WIPO panel
> agreed that the recommendations in RFC-3 needed to be revised so as
> to reduce their prejudice to domain name holders - you have
> published an Accreditation Policy containing provisions as
> prejudicial as, or more prejudicial than, those contained in the
> previous Accreditation Guidelines (see below).
>
> How do you explain this apparent duplicity?
>
> ...................................................
> Commentary on ICANN Accreditation Policy and Agreement (March12):
>
> ICANN's Registrar Accreditation Policy does not mention a single
> right of a domain name registrant, only rights of registrars,
> registries, and ICANN. It treats domain name registrants, the users
> of the Internet and the creators of e-commerce and the new wealth in
> the U.S., as objects to be exploited, or as criminals.
>
> Section I of the Accreditation Agreement ("Definitions"), while
> carefully defining "registry", "registrar", "registry
> administrator", "ICANN", "NSI", et cetera, includes no definition or
> term or mention of the domain name registrant or holder.
>
> Section III.F. ("Rights in Data") says: "The registrar shall be
> permitted to claim rights in the data elements III.C.1.d and e and
> III.D.1.d through j concerning active SLD registrations sponsored by
> it in the registry for the .com, .net, and .org TLDs...". Data
> element D.1.f is "The name and postal address of the SLD holder".
> How is it that ICANN can give a registrar rights in a registrant's
> name and address? The registrant's name and address no longer belong
> to the registrant? The registrar, or ICANN, can use the registrant's
> name and address as they see fit? For what purpose? To sell to third
> parties, so that the registrar, the registry, and ICANN can profit
> from the registrant's personal data?
>
> Section III.J. ("Business Dealings, Including with SLD Holders")
> subsection 5 says: "Registrar shall register SLDs to SLD holders
> only for fixed periods. At the conclusion of the registration
> period, failure to pay a renewal fee within the time specified in a
> second notice or reminder shall result in cancellation of the
> registration." Defining registrations as being for only fixed
> periods makes them so precarious that no individual or company with
> small resources could afford to take the risk of investing in them.
> This provision alone could destroy free enterprise on the Internet.
> Registrations should be for indeterminate periods, at the discretion
> of the registrant. Isn't the DNS at the service of the registrant?
> Why has the registrant no rights? This provision should read:
> "Registrations of SLDs will be for indeterminate periods of time and
> cancellation of the registration shall be at the discretion of the
> SLD holder, except in such cases where the registrant does not pay
> the applicable fees in a timely manner or when the SLD has been
> removed from the registrant by a decision of a competent legal
> authority."
>
> Section III.J.7.g says: "The SLD holder shall represent that, to the
> best of the SLD holder's knowledge and belief, neither the
> registration of the SLD name nor the manner in which it is directly
> or indirectly used infringes the legal rights of a third party." How
> can this be complied with, unless the registrant expends tens of
> thousands of dollars searching the world's trademark databases and
> the records of all company names registered throughout the world, an
> impossible task. And why should it be? What justification can there
> be for requiring a registrant to do this, which is the task of a
> party that attacks the registrant's use of and right to the name,
> and not of the registrant?
>
> Section III.J.7.i says: "The SLD holder shall agree that its
> registration of the SLD name shall be subject to suspension,
> cancellation, or transfer by any ICANN procedure, or by any
> registrar or registry administrator procedure approved by ICANN, (1)
> to correct mistakes by Registrar or the registry administrator in
> registering the name or (2) for the resolution of disputes
> concerning the SLD name." What possible justification is there for
> revoking a domain name because a registry or registrar made a
> mistake, that is, penalizing the registrant for an error made by the
> registrar or registry? And do you pretend that the registrant be
> subject to cancellation of the domain name as a means of resolving a
> dispute? Cancellation can only be a penalty imposed by a competent
> legal authority, not a means of resolving disputes.
>
> Section III.K. ("Domain Name Dispute Resolution") says: "During the
> term of this Agreement, Registrar shall have in place a policy and
> procedure for resolution of disputes concerning SLD names." What
> policy or procedure will the registrar have in place? Any one that
> the registrar chooses, undefined by ICANN or by a legal authority,
> and to which the registrant will be required to submit without the
> registrant's input or consultation? There is no arbitration
> procedure in the world, save perhaps in a dictatorship, that is the
> work of only one side in a dispute. What about disputes arising from
> abuse of the domain name holder's rights by the registrar or the
> registry, such as for example the misuse of the holder's personal
> information, or undue interruption in service of the holder's domain
> name? Where are the provisions for protection of the registrant's
> rights?
> ..........................................................
>
> ============================================================
> International Congress of Independent Internet Users (ICIIU)
> http://www.iciiu.org [EMAIL PROTECTED]
> ============================================================
Regards,
--
Jeffrey A. Williams
Spokesman INEGroup
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
