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Username: richard_henderson
Date/Time: Sat, January 12, 2002 at 12:58 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Subject: The unacceptable silence of Hal Lubsen


I have given Hal Lubsen repeated opportunities over many months to explain why his company DomainBank abused the contracts and procedures of Afilias, of which Hal Lubsen is CEO.

I have provided the evidence that the company submitted many many applications with no eligibility at all, and "NONE" put in the four data fields where Trademark details were mandatory. He cannot refute this, because its on his own WHOIS.

The consequences of this scam was the defrauding of legitimate customers who lost the investment they had made to get the same names.

Furthermore, I have the documentation of the $15000 of billing which was the sum Hal Lubsen's company charged to submit the FAKE applications.

Furthermore, I have the documentation of over 20 requests from the original registrant who, when he realised other customers were going to be defrauded at Landrush, asked Hal Lubsen to delete his FAKE names so that they could be released to honest customers.

I have repeatedly asked Hal Lubsen to explain why these deletion requests were ignored.

I have repeatedly asked Hal Lubsen to justify money being charged to submit totally ineligible applications.

I have repeatedly asked Hal Lubsen to justify this abuse of the Afilias Sunrise process.

Hal Lubsen belongs to forums where these concerns have been expressed (check the list for the gTLDs Registries forum at ICANN - he is one of 70 subscribers).

For the CEO of a major Registry to fail to answer these very serious and very fair concerns, is an abdication of responsibility and a total evasion of that transparency for which this forum was set up.

In my view Hal Lubsen is discredited - and it discredits Afilias, and ICANN who have presided over this unchecked neglect of customers interests.

All we are asking is open dialogue with Hal Lubsen.

But he doesn't answer, he doesn't explain, he doesn't justify.

Why were these names all submitted? For whose advantage? And why were the contractual rules broken? It's ICANN's contract, so does ICANN condone what happened? Do they condone the Afilias Director whose company made 4981 fake Sunrise applications and charged $500,000 - even though the original registrant admitted they were fake? Does ICANN condone the other Afilias Director who gained three names for her company through the submission of fake Trademark numbers for non-existent Trademarks. Six months after and were registered with fake info, and five months after was registered in the same way, Afilias Director Govinda Leopold still retains these names through her company 1stDomainNet.

No wonder honest Afilias Director, Robert Connelly, decided he had to resign his position and interests because of this Sunrise disgrace, which he called "an abomination".

But my primary questions are directed to Hal Lubsen.

You are the CEO of a major Registry.

You have a complete responsibility to explain and justify the extraordinary and unchecked abuses of your own procedures, which gained money for Afilias-linked registrars, but which resulted in losses for the defrauded Landrush customers estimated to be in excess of $3million.

To the customers who legitimately followed your own procedures and were defrauded, your silence seems arrogant and unacceptable, Hal.       


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