Re: [ga] WHOIS accuracy, and name deletions

[Dan Steinberg <synthesis@videotron.ca>]

Ummmmmmm Im confused here..
Just what substantive authority does WIPO's final report for its first 
process actually have?
I fail to see how something someone wrote....that has no force of 
law...makes someone elses arguements oudated.
Can you explain?


Rodrigo Orenday Serrato wrote:

>I would advise you to read WIPO's final report for its first process on
>domain names; allowing for domain names to be registered anonymously or
>through the purveyence of false details for contacts fosters cybersquatting
>and other such conducts. Your arguments are outdated.
>
>On the other hand, it's a basic principle of administrative law that you
>should forfeit the rights derived from a registration issued by an authority
>if you willfully provide false information in your application for said
>registration. I beleive that this should also be applicable to the
>registration of domain names and therefore agree with the measure.
>
>Furthermore, and just to add a little folklore to this discussion, in Mexico
>we have a saying that goes like this "El que tenga tienda, que la atienda",
>which would translate something like "If you have a business, you should
>tend to it". Domain name contacts should timely tend to their domains and
>make sure that their details remain updated. Even if you're away on holiday,
>staying in touch is not that hard anymore.
>
>Atentamente, Regards
>Rodrigo Orenday Serratos
>
>-----Mensaje original-----
>De: owner-ga@dnso.org [mailto:owner-ga@dnso.org]En nombre de Srikanth
>Narra
>Enviado el: Martes, 07 de Enero de 2003 11:18 PM
>Para: Cade,Marilyn S - LGA; DNSO.Secretariat@dnso.org
>CC: discuss-list@opensrs.org; ga@dnso.org
>Asunto: [ga] WHOIS accuracy, and name deletions
>
>
>Deleting a domain because of inaccurate WHOIS record is not right. Someone
>paid for it. If the registrar didn't have problem accepting the money - they
>or someone else should not invent causes to delete it.
>
>I can not comprehend and am yet to hear a single legitimate reason or
>benefit that comes from a domain being deleted because of an inaccurate
>WHOIS record. If its current policy then its wrong policy and should be
>changed.
>
>Even in (extreme) cases like say spamming or malicious virus attacks, etc.
>from a domain with inaccurate WHOIS record. I don't see any reason for the
>domain to be deleted. The domain marked be marked and left disabled.
>
>Adding and displaying a few fields
>
>a. Status - [Disabled]
>b. Reason - [Spam /Court order?]
>c. Whom to contact to Enable - [Registrar contact info]
>
>along with/to WHOIS record should take care of providing concrete notice and
>issues arising from trying to reach the registrant with no irreversible harm
>done.
>
>If the entity behind the domain is genuine - they will contact sooner or
>later. Else the domain allowed to die its natural death in continued Disable
>stage AFTER its time runs out. A check can be enforced at the time of
>renewal for the MARKED domains to ensure the WHOIS record is right.
>
>Between this and existing established law, procedure and channels to take
>things to next step - I can not think of any issues that can not be handled.
>
>An organization, society or a civilization is only
>
>as robust as rights that exist within it for all parties and
>as honorable as the fairness, the extent and the manner in which such rights
>are enforced.
>
>I am hoping there is still some sense of honor and some resemblance of
>fairplay left.
>
>Sri
>
>
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>  
>

-- 
Dan Steinberg

SYNTHESIS:Law & Technology
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