Re: [ga] Registrars' Domain Name Speculation?

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

Danny and all assembly members,

  Danny, I am a bit confused by part of you post below.  Whearhousing
and speculation are two entirely different things/activities with respect
to Domain Names.  As such, I would humbly request a clarification
to that part of you post here.  ????

  With respect to speculation in Domain names, no registrar should
be conducting those types of activities.  However Register.com
(Your old company) and Verisign ( Now you new employer),
and both ICANN Accredited Registrars (Whatever that really means?)
have engaged in Speculation of Domain names.  This was well
and extensively reported on the now defunct Domain-Policy list,
( I can provide reference archived post from that list if legally necessary
or expedient).  It is hand has been clear for more than a year now that
the "Oversight" authority that the ICANN BOD and staff are supposed
to have is not well exercised, if at all, and DOC/NTIA, whom also
have "Oversight" authority including over ICANN itself, have also
been absent in correcting or even addressing this continuing problem.
None of this is to say that organizations or companies that are not
Registrars cannot or should not Speculate in Domain Names.  Quite
the contrary.

  As to the Whearhousing concern, separate from the Speculation
issue/concern, Veristin/NSI has for some time been seemingly engaged
in this type of endeavor as also several other reported Registrars and
the ICANN B0D has been made aware of this activity on many
occasions, yet we see no known addressing of this activity as it would
seem to be in violation or their RAA, as you so rightly indicated
Danny.  So I feel, as do most of our members and a growing number
of stakeholders that either Whearhousing is exceptable despite
their RAA contracts, or the ICANN BoD and staff are ill
prepared to manage their responsibility's...

DannyYounger@cs.com wrote:

> Dear Mr. Lynn,
>
> While visiting a popular domain name auction site today, I noticed a number
> of domains whose registrants were registrars.  These domains were listed with
> a minimum bid price in excess of $50.  While I understand that registrars
> will occasionally be required to seize a domain due to credit-card chargeback
> considerations, and while I understand that the registrar has already paid
> the $6 fee to the registry in such situations, I am bothered by the fact that
> such activities (to my way of thinking) constitute either "warehousing" or
> "speculation", which would appear to be prohibited by the terms of the
> Registrar Accreditation Agreement (as the domain is not being immediately
> released to the registry for return to the pool of available names).
>
> It is quite conceivable that a registrar could handsomely profit from auction
> activities (especially if the bids reach into the thousands of dollars).
> Is this practice a violation of the RAA?  If so, how will ICANN enforce the
> terms of the contract?  If not, should there be a policy in place to
> discourage this type of activity?
>
> Your thoughts on this matter will be appreciated.
>
> Best regards,
> Danny Younger
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members 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:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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