[council] Motion on DN warrehousing

[Amadeu Abril i Abril <Amadeu@nominalia.com>]

Hi gain....

Re: Motion for creating a drating committee to porpose a policy on
prohibitng DN warehousing.

Background: Many of you have also probably got some hints that some testbed
registrars, or resellers therof, are registering names on their own
(ie, acting as both registrars and registrants) and are subsequently
trying to resell those names to end users, indeed at a higher price.

This is a thoroughly disturbing behavior that ultimately will bring
reverse reputation to all of us, registrars, registry, DNSO and ICANN.
Isubmt that we should try to propose a policy to cope with this problem.

In the ICANN Accreditation Agreement, you can find the following provision:

"III.I.9. Registrar shall abide by any ICANN-adopted policy prohibiting
or restricting warehousing of or speculation in domain names by registrars."

No such policy has been established so far by ICANN: My intention is
asking the Naames Council that the DNSO should propose it to the Board
in time to be adopted during the LA Meeting. 

In order to do that we don't need a full-fledged working group
procedure. A simplified drafting committeee could be enough. Such
committee shgould be comprised of a small number of people, most of
them registrars, as we are the ones facing the problem/in a better
position to understand the implications/more likely to devise the
solutions.) with some prsence of other interested constituencies.

Such policy should not be very complicated. The material provision,
prohibiting the registrars to registrer domains on their own in order
to traffick or resell them to end users, is pretty straightforward
 The likely sanctions are also rather evient: warinings;
suspension form accessing the SRS, with possible terminations as
accredited gTLD registrar. 

The real problem is devising the implementation procedure. Who should
"review"the possible allegations. Who should "judge" such cases? The
Regaistrar Constituency? (thru a Code of Conduct; possible antitrust
impliations...); the Names Council? ICABB CoD? A special body set up
for this purpose? an arbitration authority? /perhaps using the panels
and rules we will use for domain names disputes, adapted to the cirucmstances?)....

Amadeu