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Username: bezzant
Date/Time: Wed, August 15, 2001 at 7:33 AM GMT (Wed, August 15, 2001 at 5:33 PM EAST)
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Thank you ICANN for giving us info on ".info"

Message:
 

        Thank you ICANN and Afilias for breaking the silence and setting a policy in motion to address the problem of .info Sunrise registration fraud.  Your extended silence has resulted in a growing frenzy of accusations, some of which might be allayed by the newly announced policy.

Afilias' policy helps quite a lot.  Many domain names will be freed-up by Afilias actions.  And thank you Afilias for accepting this task at Afilias' cost, rather than burdening the public with the cost and delay of having to file Sunrise challenges on obviously fraudulent registrations.

But does Afilias' policy go far enough?  No.  Not as stated in the ICANN press release.  We need more information from Afilias, and more assurance that the right thing is being done.

Afilias' action will result in elimination of Sunrise registrations where the trademark was "unknown" or "dumping", and the trademark date was (will be?) in the year 2040.  But will Afilias take any action relating to other flagrant abusers such as:

    Cass Foster
    Patrick Nobriga
    Stephen Rumney
    Spy Productions (registrar who induced fraud for others)
    Gregory Carbonaro
    Siegfried Langenbach
    YesNIC Co., LTD.
    cchawaii.net  (for itself and induced fraud for others)

and others, whose individual domain registrations appear to comply with the trademark name, nationality, and effective date rules, but when all their applications are viewed together, and trademark numbers compared with the online trademark database, become glaringly apparent frauds.

Will Afilias agree to select ALL Sunrise registrations from its database for registrants who appear to be involved in fraudulent registration (i.e. select all registrations with same email address and/or registrant name and/or registrant phone number), and Challenge the whole group of names if there is sufficient indication of possible fraud?

But after Afilias does challenge a certain number of fraudulent Sunrise registrations, there will still be a significant number of "seemingly" legitimate Sunrise .info domain registrations which we as members of the Public strongly suspect do not have legitimate trademarks, but which have not been challenged by Afilias.  What remedy will there be for members of the Public (i.e. non-trademark holders)?  Will Afilias provide a remedy through the Sunrise Challenge process for non-trademark holders?  If I am the Priority Challenger against a .info Sunrise domain registration, but I do not have a trademark myself, may I opt for a remedy such as "Receive Priority Registration Code for Public (not Sunrise) Domain Registration"?   There is not any such remedy available to non-trademark holders in the presently described Sunrise Challenge process.

If the Sunrise Challenge Process is not amended, the only existing alternative for non-trademark holders during the Sunrise Challenge process will be to join the forces of evil, and upon successfully challenging a fraudulent registration of a .info domain name, inventing one's own fraudulent trademark to utilize the priority Sunrise registration code from WIPO/Afilias and place one's own fraudulent Sunrise registration of the domain name. Is that a good honest solution?

Will WIPO require that Challengers who intend to file their own Sunrise .info domain registrations upon successful challenge, pre-authenticate their trademark credentials with WIPO before being awarded a priority Sunrise registration code?  If not, we'll only be trading one fraud for the next fraud in line, until the 120 day Sunrise Challenge times out and the domain goes to the lucky bastard.

In conclusion, "Thank You" again to ICANN and Afilias.  And please do advise us further on the completeness of this action as a meaningful remedy for the interests of Public registrants.

Bill Bezzant
Saipan, Northern Mariana Islands
bill.bezzant@saipan.com


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