Re: [ga] Reseller hiding WHOIS info

[DannyYounger@cs.com]

William,

The most recent State of the Domain report argues that "If ICANN can't 
enforce violations of agreements, and the industry requires "consensus" to 
change a status quo full of violations, violations become permanently 
enshrined as policy."

This recent report notes registrars that:

1.  free-form their own policies on WHOIS availability and usage, including 
Bulk WHOIS restrictions different from those permitted by ICANN and port 43 
restrictions different from those permitted by ICANN
2.  *automatically* opt customers out of Bulk WHOIS data, despite the RAA's 
clear language stating (a) customers must "elect" to opt out and (b) 
customers may only elect to opt out of Bulk WHOIS data to be used for 
"marketing purposes" -- not any and all legitimate purposes.
3.  remove selected fields from their WHOIS records
4.  do not even have port 43 look-up capability

and cites other violations.

In its recommendations that are being prepared to be submitted to the House 
Judiciary's subcommittee on Courts, the Internet and Intellectual Property, 
the following are included:

8.  Give ICANN a litigation budget for contract enforcement
9.  Insert teeth into ICANN's agreements

I am not alone in seeking enforcement mechanisms (as this industry report 
well notes) and my comments on "sanctions" should not be interpreted by you 
as indicative of an anti-registrar crusade.  Of what value are contracts if 
we lack the means to provide enforcement?  

The State of the Domain report is available at 
http://www.sotd.info/sotd/Content/Documents/sotdQ102.pdf
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