Dell's comments on the GNSO Motion regarding domain name tasting

[<Allison_McDade@xxxxxxxx>]

Dell appreciates the GNSO's attention to the issue of domain tasting and
kiting, both of which exploit the Add Grace Period loophole for a
purpose not originally intended and to the detriment of consumers,
would-be domain registrants, and the Internet community at large.
Domain tasting and kiting enable not only risk-free speculation that is
unparalleled in most parts of the commercial world, but also enable more
nefarious activities, such as phishing, spamming, and other illicit
activities that are enabled by the ability to register and delete large
numbers of domain names in rapid succession without cost.  

 

Dell believes that any policy to address domain tasting and kiting
should align the costs and burdens of the AGP with those who seek to
exploit it for financial gain.  The approach stated in the GNSO motion -
prohibiting gTLD operators from offering refunds to registrars - is an
effective means of achieving this.  

 

Dell would like to highlight a few points of ambiguity in the draft
motion that should be corrected to avoid any potential for subsequent
disagreement among the relevant constituencies.  First, paragraph 1.a
should be amended to indicate that it is mandatory that no refund be
offered to a registrar for excess deletions.  Second, what constitutes
"extraordinary circumstances" for purposes of paragraph 1.b should be
clarified, as should the meaning of "regularly" in the same paragraph.  

 

Dell believes that the elimination of the AGP would provide a more
efficient solution to the problems of domain tasting and kiting without
creating significant externalities for any constituency.  That said,
subject to the comments above, Dell supports the current Motion before
the GNSO as an interim measure to attempt to significantly curb domain
tasting and kiting and their harmful effects.  

 

If the proposed plan is shown not to be effective at virtually
eliminating tasting and kiting, Dell requests that the GNSO Council take
prompt action to address this issue again and search for an effective
means to end these abusive domain name practices.

 

Sincerely,

Allison McDade

 

Allison McDade | Counsel, Trademarks, Copyrights, and eSupport

512-723-5659 p | 512-283-5659 f | allison_mcdade@xxxxxxxx