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Username: Nicholas Bernstein
Date/Time: Wed, August 15, 2001 at 2:28 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Afilias Policy Change


        Some of the suggestions on what to do about the fraud taking place are good in principle but not practical to implement. Domainbase had a suggestion which was on the surface ok, but as  pointed out by Paul Gill and Challenger, not feasible due to registrars will end up stealing most of the good names released during the Land Rush.  This will lead to a situation that is worse than what we have now. At least Afilias has said they will delete fraudulent registrations after the Challenge Period is over. They won't be able to do this to the registrars who cheat during Land Rush - there will be no recourse.

The final point I want to make is that people seem to think that Afilias can simply make whatever policy changes they want with 15 days notice. I am not a lawyer but my understanding is that this simply is not true. Suppose for example that Afilias was today (August 14) to give notice that it was making policy changes to how they register names. These changes, however, would not take effect until 15 days (August 29) and would only be applicable to registrations from August 29th onwards. They CANNOT retroactively apply these new policy changes to registrations prior to August 29th. In other words, the contract between Afilias and registrants can only be the one in effect AT THE TIME the registration took place. I am sure that Afilias has good legal advisors and would not make this elementary breach of contract. This is why they have not done anything yet. The way I see it, they will just have to delete fraudulent registrations after the Challenge Period is over. This is their only recourse legally.         


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