ICANN should stay in the domain regulation business not the advertising regulation business
- To: fake-renewal-notices-report@xxxxxxxxx
- Subject: ICANN should stay in the domain regulation business not the advertising regulation business
- From: Domain Administrator <domains@xxxxxxxxxxx>
- Date: Wed, 4 Apr 2012 16:29:06 -0400
Essentially what this report is asking ICANN to do is become the
Advertising standard authority for not only the United States but the
entire world. The United States has the Federal Trade Commission
(FTC) along with each state's Attorney General's office (AG). The
United Kingdom has the Advertising Standards Authority (ASA) and
Canada has the Canadian Competition Bureau. Each of these agencies
has the knowledge of the laws in their jurisdiction and also the
authority to enforce the advertising laws in their jurisdiction (or in
the FTC's case, anywhere in the world) and take the necessary actions
to remedy any forms of misleading advertising.
In the past the FTC has commenced action and resolved issues in the
domain name industry against Network Solutions and the Domain Registry
In the case of the FTC vs. Network Solutions, in 2003 the FTC ordered
permanently prohibits Network Solutions "from making or from assisting
in the making of, expressly or by implication, orally or in writing,
any false or misleading statement or representation of material fact"
Since 2003, Network Solutions halted it misleading campaign.
In the case of the FTC vs. Domain Registry of America, in 2003 the FTC
ordered "permanently restrained and enjoined from making or from
assisting in making of, expressly or by implication, orally or in
writing, any false or misleading statement or representation of
material fact, including but not limited to any representation that
the transfer of a domain name registration is a renewal." Since 2003,
Domain Registry of America revised its advertising material to clearly
outline that purpose of its advertisement is for customers to "switch"
and "transfer and renew your name from your current Registrar to the
Domain Registry of America" and "allows the consumer the choice of
Registrars when initially registering and renewing a domain name" and
"review our prices and decide for yourself" and "you are under no
obligation" and "should you decide to switch you domain name
registration to the Domain Registry of America". For the past 9 years
from 2003 to 2012, Domain Registry of America continues to send out
these advertisements via mail in compliance with the FTC.
In the case of the ASA vs. Domain Renewal Group, the ASA ordered the
Advertisement not to appear in its current form resulting in changes
being made to satisfy their local laws, a copy of the current
advertisement which meets the ASA standards can be found here:
ICANN should leave the review of marketing/advertising material to the
authorities in each jurisdiction and should they or any Registrar feel
any material may be a breach of the laws then it should be referred to
the originating countries authorities to take enforcement action as
they have done in the past.