[registrars] RE: [RegistrarsList] A few solutions

["Donny Simonton" <donny@intercosmos.com>]

Chuck,
First of all I am not an attorney and will never claim to be one.  But here
are a few places in the agreements that I think they are violating.

*1.  Registry-Registrar Agreement
3.2 Limitations on Use
... or (ii) enable high volume, automated, electronic process that send
queries or data to the systems of Registry Operator or any ICANN-Accredited
Registrar, except as resonably necessary to register domain names or modify
existing registrations.

--I don't consider 100,000 check domains for 1 succesful registration
reasonably necessary.  I also consider getting a list of domains from a
customer the day before and telling them that you will try and register the
domains for them between 6am and 7am EST an automated electronic process.
To me this is a valid reason to kick some registrars.


2.12
Registrar agrees that in the event of significant degradation of the System
or other emergency, VGRS may, in its sole discretion, temporarily suspend
access to the System.  Such temporary suspsensions shall be applied in a
nonarbitrary manner and shall apply fairly to any registrar similarly
situated, including affiliates of VGRS.

--This is really not a violation, but if the registrars are hammering the
system, shut them down.  In May or June after a scheduled dowtime,
directnic, opensrs, and register.com were all shut down for having too many
connections open.  I know that we were down for almost 4 hours not including
the 4 hours for the scheduled downtime.  You have the right to do this, use
your option.


*Registrar Accreditation Agreement

3.3 Public Access to Data on Registered Names. During the Term of this
Agreement:
3.3.1 At its expense, Registrar shall provide an interactive web page and a
port 43 Whois service providing free public query-based access to up-to-date
(i.e., updated at least daily) data concerning all active Registered Names
sponsored by Registrar for each TLD in which it is accredited. The data
accessible shall consist of elements that are designated from time to time
according to an ICANN adopted specification or policy. Until ICANN otherwise
specifies by means of an ICANN adopted specification or policy, this data
shall consist of the following elements as contained in Registrar's
database:
3.3.1.1 The name of the Registered Name;
3.3.1.2 The names of the primary nameserver and secondary nameserver(s) for
the Registered Name;
3.3.1.3 The identity of Registrar (which may be provided through Registrar's
website);
3.3.1.4 The original creation date of the registration;
3.3.1.5 The expiration date of the registration;
3.3.1.6 The name and postal address of the Registered Name Holder;
3.3.1.7 The name, postal address, e-mail address, voice telephone number,
and (where available) fax number of the technical contact for the Registered
Name; and
3.3.1.8 The name, postal address, e-mail address, voice telephone number,
and (where available) fax number of the administrative contact for the
Registered Name.

--To me this is easy.  You register a domain, you provide whois information
to the public in a timely manner.  You must update this information at least
daily.  You must provide the EMAIL address for technical and admin contacts,
hint, hint!  Some of the registrars that are playing this game are not
registering the domains and then not updating their whois information until
they completely collect payment from the customers.  This can take up to 2
weeks to get the payments settled so the public does not have access to the
whois information.  So in my opinion and by ICANN rules they are violating
their agreement with ICANN.


5.3.6 Registrar continues acting in a manner that ICANN has reasonably
determined endangers the stability or operational integrity of the Internet
after receiving three days notice of that determination.

--Last but not least is the most important rule that we all must follow from
ICANN.  This is why we are having this discussion at all.  What the few
registrars that are doing this are doing is endangering the stability and
operational integrity of the registry.  I think Verisign said it best: "This
interim action was prompted by extraordinary loads placed on the SRS arising
from several registrars attempting to register newly released domain names
through abusive use of the SRS. In recent weeks abuse of the system by a few
registrars has escalated to the point where other registrars have been
seriously impacted in their ability to transact normal business activity."


Like I said earlier, I am not an attorney, but to me it looks like we have
registrars violating 1 if not all of these agreements.

Donny Simonton
directNIC.com









-----Original Message-----
From: Gomes, Chuck [mailto:cgomes@verisign.com]
Sent: Sunday, August 12, 2001 6:45 AM
To: 'Donny Simonton'; Registrars@dnso. org
Cc: registrars@verisign-grs.com
Subject: RE: [RegistrarsList] A few solutions


Donny,

Your suggestions for solutions are appreciated.  I hope you will continue to
participate as we work with ICANN and interested registrars in coming up
with a longer term solution.

One question for you: regarding the registrars that are abusing the system
to acquire a few domains, what terms of what agreement(s) do you think they
are violating?

Chuck Gomes

-----Original Message-----
From: Donny Simonton [mailto:donny@intercosmos.com]
Sent: Saturday, August 11, 2001 10:32 PM
To: Registrars@dnso. org
Cc: registrars@verisign-grs.com
Subject: [RegistrarsList] A few solutions


I'm new here so forgive me if I step on any toes.

The reason that the registry is limiting the number of connections that each
registrar can have and no longer releasing domains is because of the
registrars that having created this new expired domain market.  Registrars
that have been selling domains as normal have been the ones that have been
hurt the most here.  I still can't believe that a registrar would risk
having their accreditation pulled for maybe 50 domains a day?

We had one of these expired domain hunters talk to me for about 2 hours the
other day about how he wanted us to design a system for him.  He gave me all
of the details on how it works, who the registrars are that are currently
registering the domains during the "dumps" (his way of saying the domains
are released), and even the time the scripts started on the registrars
servers.  After he told me that he would only get about 10-20 domains a
week, I told him I was not interested in setting up the system for him.  I
did ask him why he only told he would only get about 10-20 domains with us a
week, he explained that he supplies his list to a few registrars every time
he gets a list and they all submit the list for him at the same time, so
each registrar will only get a few domains per domain dump.

Then he told me about the registrar that supplies their speculators with a
list of domains expiring tomorrow.  Then they are allowed to bid on how much
they would pay for the domain if the registrar was about to register the
domain.  He told me about winning a domain the week before for $950.

Anybody want names of the registrars doing this?  Actually why doesn't the
registry supply us with the names of the registrars bringing down the system
every time there is a domain dump?

The easy way to solve this whole problem is to shut those registrars down
that are causing the problems!  I know who they are, the registry knows who
they are, and so do the registrars!   It's real easy, they are violating
their contract with Verisign so shut them down!  But for some reason the
simple solution never gets done.

Another option is to allow the domains to drop but drop them at the exact
the time they were registered.  So if the domain was supposed to expire at
8:24:34 release the domain at that time.  Another added twist is to never
release the domain on the exact day the domain is supposed to released.  If
the domain is supposed to be released tomorrow, release it Tuesday.
Randomize it.  Shock some of the speculators and release a domain a day
early.  This is not very hard!  I'll write the program myself!

The lottery system that some have proposed will not work.  Look at the
Sunrise system for .info, everybody thought it would work just fine.  And
that's a huge mess.  And what about .biz, aren't they getting sued over
having a lottery system in the state of California?

The last time I checked we were all domain name registrars and not a group
of lottery owners.  Let's stick to what we do best and sell domains the way
we are supposed to sell domains.

Donny Simonton
directNIC.com









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