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Username: richard_henderson
Date/Time: Sun, November 4, 2001 at 4:21 PM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Subject: Afilias obliged to report its own misdemeanours


Thanks for highlighting this, Jim.

As you will see on Jim's link, in order to "Ensure Sound Business Practices", Afilias is obliged at section 5.1 to provide ICANN with "A description of every known violation or alleged violation of the Code of Conduct" (This may not be disclosed to the public by ICANN until 6 months after it is received.)

The Code of Conduct states:
"Afilias will at ALL times operate a TRUSTED registry"


"Afilias recognises that domain names are the means by which businesses etc reap the benefits of the global Internet. These benefits cannot be fully realised unless DNS resources are administered in a FAIR, efficient, and neutral MANNER THAT MAKES THEM AVAILABLE TO ALL PARTIES."

I take the view that, since over 50% of fake submissions came from Registrars on the Afilias Board or Executive, and since one Board Member has retained names with falsely applied Trademark details, a large number of names have NOT been "MADE AVAILABLE TO ALL PARTIES".

I hope that Afilias will report this fact.

I also note (with despair) the statement: "Afilias and its subcontractors shall not in any way attempt to register domain names in their own right."

But the bottom line is: if ICANN is disreputable, and shows no signs of policing abuses carried out by its registrar friends, then even if Afilias reported themselves to ICANN, what confidence can the public have that any action would be taken?

Basically, many people believe that this is almost completely unpoliced, that there is hardly any accountability, and that Afilias and its executive/board members feel they can do whatever they choose.

This is symbolized by the fact that Govinda Leopold is known by all to own - through her company 1stDomainNet - the domain, procured with wholly faked Trademark details, and yet the name has not been released and "MADE AVAILABLE" to the general public.

For an Afilias Board member to flout the system in this way is wholly unacceptable, but symptomatic of the culture of "Do-What-We-Like".

Worse than Leopold's blatant flouting of the rules, in my opinion, is the systematic abuse of Afilias's own systems by Afilias CEO Hal Lubsen and Board member Mickey Beyer, who through their registrar companies DomainBank and Speednames accounted for over half of all Sunrise violations. They chose to take the money and sponsor wholesale frauds.

This also - on a much larger scale - prevented valuable DNS resources being "MADE AVAILABLE TO ALL PARTIES". The registration of these names (over 5000 fake Sunrise names) was NOT done in a "manner that makes them available to all parties."        


Link: ICANN-Afilias Agreement with link to Code of Conduct

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