RE: [gnso-rap-dt] Domain Kiting rewrite (including a slight change to the recommendation language)

["Berry Cobb" <berrycobb@xxxxxxxxxxxxxxxxxxx>]

Mikey,

 

I like this.  The quotes from the complaint make the distinction between
"Tasting" & "Kiting" much more clear.  I agree with the recommendation.
Thank you.

 

 

Berry A. Cobb

Infinity Portals LLC
866.921.8891

 

From: owner-gnso-rap-dt@xxxxxxxxx [mailto:owner-gnso-rap-dt@xxxxxxxxx] On
Behalf Of Mike O'Connor
Sent: Monday, February 01, 2010 19:37
To: Registration abuse list ICANN
Subject: [gnso-rap-dt] Domain Kiting rewrite (including a slight change to
the recommendation language)

 

wow!  eye-popping statistics from the Dell case.  thanks to Fred and Margie
for the links posted to the chat.  here are the links for the email record;

http://blog.domaintools.com/2007/11/dell-vs-florida-registrars/

http://www.domainnamenews.com/images/dell_doc1.pdf

here's a quote (from the complaint)

"125.  Many of the Infringing Domain Names have been registered, used and
deleted within five days of registration to avoid paying any registration
costs and to avoid detection by Plaintiffs and other trademark owners.  The
practice of registering and deleting domain names within five days that do
not generate sufficient traffic to turn a profit in order to avoid paying
for the registration is commonly referred to as [domain] "tasting."

"126.  Defendants immediately re-register, for an additional five-day
period, many of the Infringing Domain Names and hundreds of thousands of
Defendants' Domain Names that were deleted by Defendants within five days of
registration.  Defendants repeatedly register, delete, and re-register
domain names to use the domain names for free and to avoid detection by
Plaintiff and other trademark owners.  The practice of repeatedly
registering, deleting, and reregistering a domain name within five days to
avoid paying fo the registration is known as [domain] "kiting."  Attached to
this Complaint as Exhibit 7 is the registry data taken over 20 days for 10
Infringing Domain Names that Defendants have been repeatedly registering,
deleting and re-registering for 5-day periods."

i think this substantiates the case that kiting existed, at least at one
time.  Fred made the comment in chat (which i agree with) that the the
anti-tasting fee-changes have probably eliminated the kiting problem.  but i
think our old recommendation still holds up pretty well -- namely that the
definitions bear clarifying and that various people should keep an eye out
for this as they're reviewing the effectiveness of the anti-tasting measures
that have been enacted.  

all that said, here's a section-rewrite for people to consider -- sorry
Marika, there's a slight change to the Recommendation language that would be
great to insert into the poll if it's not too late.


Here's our current language (from the draft circulated this afternoon);

5.1           Domain Kiting / Tasting

5.9.1      Issue / Definition

Registrants may abuse the Add Grace Period for continual registration,
deletion, and re-registration of the same names in order to avoid paying the
registration fees. This practice is sometimes referred to as "domain
kiting." This term has been mistakenly used as being synonymous with domain
tasting, but it refers to multiple and often consecutive tasting of the same
domain name. ICANN staff has received anecdotal reports that this type of
activity is occurring, but does not currently have data to demonstrate
definitively that domain kiting occurs or to what extent.

The anecdotal reports received by the ICANN staff would indicate that:

a.     Very few registrants engage in kiting;

b.     Those registrars who facilitate kiting are discovered and warned by
the registry to cease the behaviour;

c.     Kiting practices cannot enable a registrant to "keep" a single domain
name. Any name is available to be taken in the drop pool by another
registrant. The activity is only practicable if attempting to maintain a
number of names - some would be lost at each drop.

5.9.2      Background

Bob Parsons appears to have introduced the term "domain kiting" in a blog
post in 2006. In the post he chose to call the activity "kiting", but his
definition described what later came to be termed "domain tasting" (as The
Public Interest Registry did in its letter to Steve Crocker on March 26,
2006). This confusion of terms carried forward for some time as can be seen
in a MessageLabs report published several months later.

Eventually, the current definition of domain kiting (the serial
re-registration of a domain to get a domain for free) solidified, but it is
not clear whether it was based on any actual activity or whether it was
simply a matter of repurposing an already confused definition to cover a
possible abuse scenario.  Domain tasting is a different practice, in which a
registrant measures the monetization potential of a domain during the Add
Grace Period, and deletes it in AGP if the domain is not worth keeping.  In
general, the goal of domain tasting is to retain registration of (and not
delete)  a "worthwhile" domain.

ICANN staff looked into domain kiting (while developing the 2007 Issue
Report on domain tasting) and could not find anything except anecdotal
evidence of the activity. A RAPWG member performed an analysis of the .INFO
registry in 2008 and again in December 2009, and did not find any examples
of kiting. [1]

5.9.3      Recommendations

It is unclear to what extent domain kiting happens, and the RAPWG does not
recommend policy development at this time.  The RAPWG suggests that the
Council monitor the issue and consider next steps if conditions warrant. 

 

Proposed replacement language...

 

5.1           Domain Kiting / Tasting

5.9.1      Issue / Definition

Registrants may abuse the Add Grace Period through continual registration,
deletion, and re-registration of the same names in order to avoid paying the
registration fees. This practice is referred to as "domain kiting." This
term has been mistakenly used as being synonymous with domain tasting, but
it refers to multiple and often consecutive tasting of the same domain name.

5.9.2      Background

Bob Parsons appears to have introduced the term "domain kiting" in a blog
post in 2006. In the post he chose to call the activity "kiting", but his
definition described what later came to be termed "domain tasting" (as The
Public Interest Registry did in its letter to Steve Crocker on March 26,
2006). This confusion of terms carried forward for some time as can be seen
in a MessageLabs report published several months later.

Eventually, the current definition of domain kiting (the serial
re-registration of a domain to get a domain for free) solidified.  Domain
tasting is a different practice, in which a registrant measures the
monetization potential of a domain during the Add Grace Period, and deletes
it in AGP if the domain is not worth keeping.  

ICANN staff looked into domain kiting (while developing the 2007 Issue
Report on domain tasting) and could not find anything except anecdotal
evidence of the activity. A RAPWG member performed an analysis of the .INFO
registry in 2008 and again in December 2009, and did not find any examples
of kiting. [1]  However domain kiting was a factor in a broader complaint
brought by Dell and Alienware against various registrars and individuals in
2007 [here's the link -- http://www.domainnamenews.com/images/dell_doc1.pdf]

5.9.3      Recommendations

The RAPWG does not recommend policy development at this time.  The RAPWG
suggests that the Council monitor the issue (in conjunction with ongoing
reviews of domain-tasting) and consider next steps if conditions warrant. 

 


mikey



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