Re: [gnso-res-sga] Another issue for subgroup A from subgroup B list

["Milton Mueller" <Mueller@xxxxxxx>]

Steve and sga members:

This is not really much of an "issue" in the access group (sgb). The
idea that an interest in checking the availability of a domain for sale
or registration was sufficent to trigger special access mechanisms was
basically laughed out of subgroup B. 

One can know whether or not a domain is registered with any query of a
registrar, who will be more than eager to selll it to you if it is not
registered. If the domain is registered, the idea that prospective
purchasers have some kind of special right to private contact data in
order to inquire about its availability for sale is, as noted above,
almost a caricature of the idea that Whois access is needed for
important public purposes.

If a domain registrant is interested in selling their domain then they
would either publicly display their contact data or rely on their OPoC
to relay requests. If the OPoC fails to do so then the registrant has
every incentive to get an OPoC who will. In this case, private,
unregulated incentives seem to work out perfectly well, and the "public
interest" in interfering is nonexistent.

We have many important issues to deal with in these subgroups, let's
not waste time on ones like these. 

>>> "Metalitz, Steven" <met@xxxxxxx> 5/21/2007 11:23 AM >>>
See attachment to
http://forum.icann.org/lists/gnso-acc-sgb/msg00147.html  

"For example, some have pointed out that "determining the availability
of domain names" ought not to be a legitimate purpose for gaining
access
to the full Whois record.  On the one hand, merely knowing whether or
not the domain name is available does not provide sufficient
information
to a party who may wish to inquire about purchasing it.  On the other
hand, perhaps this sort of query is something that the OPoC could pass
along to the registrant.  It might be worthwhile for sub-group (a) to
consider language that would cover this sort of query."

Steve Metalitz