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Username: rachelmacgregor
Date/Time: Sat, September 22, 2001 at 11:11 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Subject: Serving notice to the Afilias and ICANN boards and executives

Message:
 

 
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
       
     
     

 


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