http://www.icann.org/tlds/agreements/info/registry-agmt-appi
27feb01.htm "REGISTRY
CODE OF CONDUCT... Afilias will at all times operate as A TRUSTED NEUTRAL third-party
provider of DNS Registry Services.... To ensure the provision of NEUTRAL Registry
Services, Afilias will comply with the following Code of Conduct.... 3. Afilias and
its subcontractors shall not in any way attempt to register domain names in their
own right, except for names designated FOR OPERATIONAL PURPOSES in compliance with
Subsection 3.6.1 or 3.6.2 of the Registry Agreement. In its monthly report to ICANN,
Afilias shall include a list of all names designated for operational purposes."
So....................
Could
someone from ICANN please confirm that they have received lists with the following
names "designated for operational purposes" and further, confirm that ICANN is happy
to accept these "operational" names as being consistent and necessary for the running
of the registrars companies that reserved them:
NUDES.info ("registrar reserved"
for Signature Domains)... is this name designated for operational purposes? If you
wish to register a name through Signature Domains, why do you need to go to Nudes.info?
YOUR
BRA.info ("registrar reserved" for NameZero)... is this name designated for
operational purposes? If you wish to register a name through NameZero, why do you
need to go to Your Bra.info?
PIRACY.info ("registrar reserved" for Name Engine)...
is this name designated for operational purposes? If you wish to register a name
through Name Engine, why do you need to go to Piracy.info?
Not to mention: HOSTING.info;
SICK.info; CULT.info; EARN.info; FOOT.info; SCRIPT.info; BIGBULK.info; COMPARE.info
("register reserved" by various registrars including two more members of the Afilias
board) ... are all these names "NEUTRALLY" granted purely for operational purposes?
Do you need to go to these names in order to register a name through CorporateDomains
or DotEarth or eNom and other registrars?
And then, what about...
FORT KNOX.info
("registrar reserved" for DomainBank, even though it's run by Hal Lubsen the Afilias
CEO)... is this name designated for operational purposes? If you go to FortKnox.com
you will find what appears to be a standalone registrar, with NO LINKS to DomainBank...
If you wish to register a name through DomainBank, how does it help to go to Fort
Knox.com or Fort Knox.info? Is this "NEUTRAL" behaviour by Hal Lubsen of Afilias
in granting the domain to Hal Lubsen of DomainBank "for operational purposes"?
I quote again from the Agreement: "Afilias and its subcontractors shall not in
any way attempt to register domain names in their own right, except for names designated
FOR OPERATIONAL PURPOSES"
And then what about:
HAWAII.info (false 44455555 trademark
number submitted for Afilias Board Member Govinda Leopold's 1stDomainNet)
MAUI.info
(false trademark submitted for Afilias Board Member Govinda Leopold's 1stDomainNet...
and besides, if you visit the .com site you will realise... how can a marriage and
dating agency possibly be consistent with the operational necessities of a domain
registrar company? Yet the agreement says that the subcontracted (accredited registrars)
shall NOT apply for names except for operational purposes.
SO I ASK:
1. Will
Afilias challenge all these names?
2. Will ICANN (who have presumably received
the lists of names designated for operational purposes) do nothing? Will ICANN -
a so called regulator - just prove its inefficacy and in-league-with-registrars complicity,
by doing nothing? Or will ICANN act immediately, before the Landrush is complete,
to insist these names are deleted?
And even beyond all this...
This is just the
tip of the iceberg...
Because what of the hundreds of names with Trademark claims
made by Yesnic, Spy Productions, Worldnic, Wooho, Joker etc.... are they all made
for "operational purposes" too ?
(disregarding the fact that many if not all of
them have been filed with fraudulent/ineligible Trademark details)
3. ICANN knows
the facts. ICANN is challenged to respond, here on its own forum. If Afilias and
the subcontracted registrars have breached the contract with ICANN, to the negligent
disadvantage of thousands of honest customers, will ICANN immediately demand the
Landrush is stopped until these names have been deleted?
If not, answer for your
own negligence and/or complicity in court. My case and opinion is as follows:
These
names are not acceptable under your own contract.
You are the regulator and watchdog.
You
are liable.
I serve notice.
Rachel Macgregor
cc Afilias Board and Executive;
ICANN Board