Re: [ga] ICANN Board can intervene to stop domain tasting for 1 year

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

George and all,

  I agree with you here George as to a actual solution that is workable.
I don't agree that ICANN cannot or should not be monitoring their
ACCREDITED Registrars or Registries logs.  They should do so
on a regular basis.

  As to Bod members whom may have conflicts with registries, if
such a situation exists, that Bod member should immediately resign
due to that very COI.

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

George Kirikos wrote:

> Hi Dominik,
>
> --- Dominik Filipp <dominik.filipp@xxxxxxxx> wrote:
> > we could perhaps find a better solution. To distinguish between the
> > two
> > things, NSI and domain tasting, and address them accordingly.
>
> That's the problem, though, that there's no basis upon which to
> distinguish the two things. It encourages an arms race amongst
> registrars, which destabilizes the registration system.
>
> Consider the case now in the courts between Dell and Belgium Domains:
>
> http://www.domainnamenews.com/legal-issues/dell-computer-vs-trademark-infringing-domainers/1323
>
> In theory, a phantom registrar who wanted to take advantage of the AGP
> loophole can point to the NSI example, and then have phantom clients
> performing phantom searches, leading to phantom cart holds. I do not
> believe ICANN will start auditing registrar webserver logs, or would
> have any basis to do so.
>
> > In the NSI case ICANN should send an official cease-and-desist letter
> > to
> > stop the practice.
> > In case of domain tasting to follow the existing policy development
> > process and to find a fundamental solution, e.g. the cancellation of
> > AGP, which, by the way, has gained the majority support in the
> > contributor's straw poll.
>
> I'm glad we agree, as does the majority, on what the fundamental
> solution is, namely elimination of the AGP, either directly or
> indirectly by making it uneconomic for mass-automated purposes. It's
> just a matter of the ICANN Board finally deciding to take action now,
> while the PDP crawls forward.
>
> Think of the headlines and positive PR -- "ICANN takes decisive action
> to halt front-running." Time to seize a golden opportunity to do
> something right. I'd love to know which Board members would actually
> vote *against* doing so -- I suspect it would be a unanimous vote to
> end the practice, perhaps with a few abstentions for those who have
> conflicts with registry operators.
>
> Sincerely,
>
> George Kirikos
> http://www.kirikos.com/