[ga] Why Registrar Code of Conduct can't be Optional
Title: Help Registrar Code of Conduct
ccTLDs show ICANN the way
ICANN lag behind
Let's take a look at what .au is implementing and compare it to ICANN and
its registries:
*** The Code of Practice forms part of the Registrar Agreement (and also
binds resellers)
>>> Compare that with ICANN who have declined to regulate or
protect the consumer and who simply use the unenforceable window-dressing of
optional 'best-practices'... hence the opportunities for rogue registrars to
flout consumer interests without ICANN taking any responsible stand
*** The Code will be Non-Negotiable
>>> Darned right. In other words, if you want to do business, you
gotta accept the rules - if not, run off and sell do-nuts. ICANN knows it could
pre-empt so many consumer problems, but they seem intent on allowing the worst
kind of registrar (as opposed to the good ones) an easy ride in cowboy
country
*** The Code will be linked to a comprehensive Complaints Process for
customers (which must also be implemented, following a step-by-step procedure by
the registrar)
>>> Look at the experience in ICANN world, with extensive
complaints of unanswered e-mails, answerphones that don't connect, and
inaccessible staff who make it as hard as possible to get serious customer
support
*** The Code also provides a process for the consumer to complain direct to
.au
>>> Note ICANN: .au is "Taking Responsibility" - what ICANN and
some of its worse registrars are so reluctant to do - they abandon the consumer
and pretend they can't do anything, but they can - and should
*** Also sets in place Procedures for dealing with Breaches in the Code of
Practice
>>> Compare with ICANN... some registrars break the rules brazenly
and just remain accredited... ICANN are conning the public if they endorse
fraudsters or unethical registrars... I am personally astonished that Yesnic's
abuse of the .info process has been ignored by ICANN - no action taken against
breaches in the rules... what does that do for the reputation of decent
registrars? Thank goodness .au is giving a lead and showing us how this industry
CAN be operated ethically
*** Complaints must be Acknowledged within 5 DAYS of receipt
>>> Well I find that laughable when I think of ICANN. I've now
been waiting over 120 days for Dan Halloran to acknowledge one of my e-mails,
and over 90 days to acknowledge another. What a clash of cultures when you
compare with the standards being promoted by .au - one is acting as a serious
operation; one is laughable, reprehensible and pathetic
*** Complaints must be Dealt with within 30 days, and complainants treated
with courtesy
>>> Well thank you Dan Halloran for YOUR courtesy and concern -
seriously, .au are absolutely right to suggest that the top level of this
industry needs to set the standards, and make participation in the industry
CONDITIONAL on those minimum ethical standards and business practices. ICANN's
position (in abandoning the consumer) is indefensible.
*** Domain names are not to be registered/pre-registered by Registrars with
the intent to speculate on the value of the domain name for later sale
(warehousing)
>>> Astonishingly, although this practice has been widely
condemned in the community, ICANN has STILL not laid down the law on this, and
thus some registrars in the New TLD releases openly made mass-registrations for
themselves or partners in their company
*** Registrars MUST take action if one of their Resellers is breaking the
Code
>>> Well if that rule had been in place, the Spy Productions
fiasco in the .info affair would have been dealt with. But in the event? Tucows
benignly carry on their business, and so do Spy Productions. And who loses out?
The consumer.
So I'd like to congratulate .au for proposing this Code of Conduct and
leading by example. They are exercising responsibility, and they are putting the
interests of ordinary people before the quick profit of rogue dealers who
represent the worst of the Registrar community.
I have real respect for certain registrars who practice with high
standards. But I think ICANN has been craven in its policy of declining to
regulate or keep anyone under control. What's the point of having an
accreditation process, if you can flout the rules and still remain accredited.
They often argue "There are consumer protection agencies in each country." Of
course there are, but in reality they don't deal with anything like most of the
problems, many of which should be cut off at source.
I call on ICANN to implement a non-negotiable Registrar Code of Conduct.
Any registrar not prepared to accept the Code must go and sell do-nuts instead.
"Here are the rules : you want to play? Fine."
ICANN knows that it has allowed cowboy tactics in cowboy country. It has
studiously IGNORED calls for standards and constraints on the worst excesses of
some registrars. When the excesses in the .biz2B occurred, and pleas were made
to ICANN to prevent them recurring in LR2 - ICANN didn't even acknowledge the
e-mails.
.au is trying to operate as an ethical organisation
ICANN seems closer to Enron and Worldcom in its mentality. Consumers - a
problem which can be ignored. Codes of Conduct? Nah! Let people regulate
themselves. You can trust them...
Sadly the evidence shows that this has frequently not been the
case...
But ICANN have consciously sustained this culture of anything-goes.
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