ICANN's poor Corp. Responsibility example to: Re: [ga] YesNIC hoarding joesworld.com

[Jeff Williams <jwkckid1@ix.netcom.com>]

Ross Abraham and all assembly members,

  Abraham, Ross is essentially correct here.  However there are
a couple of problems with the RAA agreement and in the sections
that Ross referenced below in his response.

  One problem is really the first problem and that is that the
RAA agreement itself is not a consensus of the stakeholders/users
as required under the White Paper and the MoU.

  Another more specific problem with the RAA is that regardless
if any such DN is active or not, it should remain in the zone file.
This in effect causes registrars Whois's to sometimes be inaccurate
unnecessarily.

  And another problem is as Ross rightly stated it.  The
Registrar in question here, http://www.yesnic.com  should keep
their whois database updated more frequently so as to be
more accurate.

  And a final problem is that ICANN should as the first level of
oversight in the White Paper, take deliberate steps to get the
registrar to adhere to their RAA agreement regardless if such
an agreement is a Stakeholder/user consensus or not, as ICANN
itself is the other party in the RAA agreement by contract.

  To me and now a growing number of stakeholders/users this
type of situation which ICANN created itself shows a decided
lack in Corporate Responsibility on the part of the ICANN
Staff, and to a leser degree the ICANN BoD for not taking
adjective action on the ICANN staff...

  If ICANN cannot, or will not police it's own "Accredited" Registrars,
it is clear that as a Corp. entity it is acting irresponsibly and
improperly.

Ross Wm. Rader wrote:

> This is covered under 1.7 of the RAA...
>
> 1.7 "Registered Name" refers to a domain name within the domain of a TLD
> that is the subject of an appendix to this Agreement, whether consisting
> of two or more (e.g., john.smith.name) levels, about which a TLD
> Registry Operator (or an affiliate engaged in providing Registry
> Services) maintains data in a Registry Database, arranges for such
> maintenance, or derives revenue from such maintenance. A name in a
> Registry Database may be a Registered Name even though it does not
> appear in a zone file (e.g., a registered but inactive name).
>
> In this case, the whois appears to be inaccurate at the registrar ("No
> match for "joesworld.com") - unless we assume that the registry whois is
> wonky...
>
>    Domain Name: JOESWORLD.COM
>    Registrar: YESNIC CO. LTD.
>    Whois Server: whois.yesnic.com
>    Referral URL: http://www.yesnic.com
>    Name Server: No nameserver
>    Updated Date: 16-apr-2002
>
> Given the email below, I'd be inclined to believe that the problem
> exists at the registrar level and they need to update their whois data
> to make sure that it is accurate.
>
>                        -rwr
>
> "There's a fine line between fishing and standing on the shore like an
> idiot."
> - Steven Wright
>
> Got Blog? http://www.byte.org/blog
>
> Please review our ICANN Reform Proposal:
> http://www.byte.org/heathrow
>
>
>
> > -----Original Message-----
> > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org] On Behalf
> > Of Abraham Ingersoll
> > Sent: Thursday, September 05, 2002 4:37 PM
> > To: ga@dnso.org
> > Subject: [ga] YesNIC hoarding joesworld.com
> >
> >
> >
> > I don't know the proper venue for this issue. If someone
> > knows of a better
> > venue, please privately reply with a pointer.
> >
> > In short, YesNIC is the registrar for 'joesworld.com' yet their whois
> > servers denies the existance for the registration, returning
> > "No match"
> > to 'joesworld.com' searches.
> >
> > (background: I've been trying for some time now - maybe a
> > year or more -
> > to snag joesworld.com for a friend who runs a nonprofit that
> > currently
> > lives @ joesworld.org)
> >
> > When I recently asked YesNic about the whois discrepency,
> > they threw me a
> > sales pitch!?! See email below.
> >
> > I've responded to YesNic with a pointer to ICANN's accreditation
> > agreement, however, the accreditation agreement isn't clear
> > on one key
> > point. The agreement says a registrar must provide whois data for any
> > active domain, but nowhere in the agreement does it define "active."
> > joesworld.com doesn't exist in the root zone files, but it's
> > registered.
> > Does this mean the domain is "inactive" and that valid whois
> > responses
> > don't need to be returned?? I think not, but alas, IANAL nor a ICANN
> > insider.
> >
> > A helpful person has suggested I buy a 'SnapBack' on the domain from
> > snapdomains. Surely this can't be my best option? Is ICANN's
> > domain-name
> > system so messed up that "accredited" registrars are simply
> > hoarding good
> > names, hiding whois details and then offering to be a "broker" to
> > unsuspecting customers??
> >
> > Ug.
> >
> > Abe
> >
> >
> >
> > ---------- Forwarded message ----------
> > Date: Thu, 5 Sep 2002 18:17:54 +0900
> > From: "Kang,In-Soon" <partner@yesnic.com>
> > To: Abraham Ingersoll <abe@dajoba.com>
> > Subject: Re: joesworld.com
> >
> > Dear Abraham
> >
> > Thank you for contacting YesNIC.
> > I have been manage to contact the owner of 'joesworld.com'
> > domain name but I am afraid that I am not allowed to release
> > the contact information. However, the owner is my client and
> > has appointed me as his agent to proceed this deal for the
> > domain name with you. Hence, if you wish to purchase this
> > domain name, please let me know how much you are willing to
> > invest. Once you give me your proposed price, I will consult
> > about it with my client and try to actively negotiate with
> > you. Thank you.
> >
> > Kind Regards,
> > Jason Lee
> >
> > ----- Original Message -----
> > From: "Abraham Ingersoll" <abe@dajoba.com>
> > To: <partner@yesnic.com>
> > Sent: Wednesday, September 04, 2002 1:35 AM
> > Subject: joesworld.com
> >
> >
> > >
> > > Hello,
> > >
> > > I wish to buy 'joesworld.com', yet it seems that the domain is
> > > "taken",
> > > even though your whois system FAILS to provide contact
> > information for the
> > > current owner.
> > >
> > > What is wrong with your systems? Could you please release
> > > joesworld.com so
> > > that I may buy it?
> > >
> > > Thanks,
> > >
> > > Abraham Ingersoll <abe@dajoba.com>
> > >
> > >
> >
> >
> >
> >
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>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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