[Fwd: Re: [ga] NSI immediately registering domains that are searched ontheir site]

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

All,

  Forwarding for your review.

Regards,

Spokesman for INEGroup LLA. - (Over 277k 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]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail
jwkckid1@xxxxxxxxxxxxx
My Phone: 214-244-4827

-------- Original Message --------
     Subject: Re: [ga] NSI immediately registering domains that are searched 
ontheir site
        Date: Tue, 08 Jan 2008 21:39:36 -0800
        From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
Organization: IDNS
          To: "Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>
          CC: ga@xxxxxxxxxxxxxx, "twomey@xxxxxxxxx" <twomey@xxxxxxxxx>,icann 
legal <jeffrey@xxxxxxxxx>
  References: 
<352911.83450.qm@xxxxxxxxxxxxxxxxxxxxxxxxxxx><C1AA792E76F72C4090B29DEDEC511F5D0BC25D@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx><01bd01c8523f$8132b360$0200a8c0@defaultpje5p1z>
              
<C1AA792E76F72C4090B29DEDEC511F5D0BC27B@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx>

Jonathan and all,

  Unfortunately there are very few "Reputable Registrars" and those that

are now, may not be later, and such would not be known until after the
fact as ICANN doesn't police it's own registrars as history has clearly
shown over and over again.  Ergo again, such degrades the level
of trust registrants, or potential registrants have in registrars with
good historical reason, a la Registryfly and GoDaddy.

  I agree that the selling of search data by potential registrants is
now
common place, but remains a very questionably allowable practice by
any registrar or registry.  Of course with Registrants not adequately
represented within the GNSO ICANN structure, such abuses are
prevalent and were predicted as well as expected.

  Further I do not see/read anywhere in section 3.1(f) were the practice

to which you describe Jonathan is specifically permitted, arguably it
MAY be ALLOWABLE at best.  In any event such a practice still
does not meet within the current Trade practices act provisions and
as such could be, and perhaps should be challenged accordingly.
Contract law does not supersede federal statute.

  So again, please cease and desist this practice immediately!

Regards,

Spokesman for INEGroup LLA. - (Over 277k 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]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail
jwkckid1@xxxxxxxxxxxxx
My Phone: 214-244-4827

"Nevett, Jonathon" wrote:

> Ted:
>
> The way we understand it to work is that a customer checks for a
> domain name at a reputable registrar that maintains complete
> confidentiality of searched data.  The registrar pings various
> registries to see if the name is available (i.e. ted-is-smart.com is
> available, as is ted-is-smart.xxx and ted-is-smart.xx).  Certain
> registries (be it a gTLD or ccTLD) sell that search data to Front
> Runners, which will taste (typically in .com) the searched names that
> weren?t registered.  I am not aware of any provision in the registry
> contracts with ICANN that this practice would violate.  Indeed,
> Section 3.1(f) of the .com Registry Agreement -- among others --
> arguably specifically permits it
>
> (See
> http://www.icann.org/tlds/agreements/verisign/registry-agmt-com-01mar06.htm).
> Moreover, in the case of a ccTLD, ICANN requirements are irrelevant.
> Our understanding is based on more than speculation.
>
> Thanks.
>
> Jon
>
> Network Solutions
> -----------------------------------------------------------------------
> From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On
> Behalf Of Prophet Partners Inc.
>
>
> Sent: Tuesday, January 08, 2008 4:43 PM
> To: ga@xxxxxxxxxxxxxx
> Subject: Re: [ga] NSI immediately registering domains that are
> searched on their site
> Hi Jon,
> In my opinion, if a registrant searches at a reputable registrar which
> maintains the confidentiality of registrant searches, the domains from
> those queries will most likely not be tasted. The method implemented
> by NSI only ensures that the domain tasters will eventually taste the
> domains that are reserved and released after 4 days, as those domains
> will have been added to the zone file. Furthermore, NSI's new policy
> further expands and exploits the problems with the AGP vs. solving
> them.
> You said "Front Runners purchase search data from [...] registries and
> then taste those names." Is this speculation or do you have evidence
> that certain registries are selling this search data?
> Sincerely,
> Ted
> Prophet Partners Inc.
> http://www.ProphetPartners.com
> http://www.Premium-Domain-Names.com
>