[registrars] Transfers & Whois Data mining

["Michael D. Palage" <michael@palage.com>]

Hello All:

Attached is a letter that I would like to send to the ICANN Board in
connection with transfers and registrar data mining.  Any comments,
suggestions, recommendations?

The Registrar Executive Committee would like to discuss this during our
weekly call Monday afternoon.

Best regards,

Michael D. Palage




DRAFT Letter to the Board


Dear Stuart and Vint:

As the Board continues its Herculean task in connection with the ICANN
Evolution and Reform process, I would respectfully request that the ICANN
Board and staff allocate time and resources for a public discussion of
intra-registrar transfers ("transfers") and the mining of registrar Whois
data during the upcoming Shanghai meeting.

The issue of transfers is the foundation upon which domain name portability
is based, and the mechanism by which consumers are able to chose their
registrar of record. Approximately one year ago, I sent to the you and the
Board a letter from the Registrar Constituency summarizing this problem, see
http://www.icann.org/correspondence/palage-to-lynn-16aug01.htm. The
constituency first attempted to resolve this matter in a timely fashion as a
contract interpretation over what constituted "apparent authority".
Unfortunately, this issue feel prey to the short comings of the current
ICANN process where everything is deemed policy and must therefore be
subject to the Names Council quagmire.

I continue to get complaints from registrars and their customers over the
frustration in their inability to effectuate intra-registrar transfers. This
issues has been further complicated by some registrars that are allegedly
refusing to provide registrants with the necessary Authorization Code in
connection with EPP registries (Afilias and NeuLevel). The fact that the
Names Council's Transfer Task Force has yet to address the matter for which
it is named, while instead tackling unrelated issues such as the WLS and the
Redemption Grace Period, is why the ICANN Board and staff are needed to
intercede and resolve this issue which is directly impacting those parties
with which ICANN has contractual relationships.

Another issue that has recently emerged is the mining of registrar's whois
databases. Upon information and belief this tortuous activity has resulted
in questionable marketing practices and an influx of Spam. In light of
recent national governmental attempts to limit Spam and protect users'
privacy, I believe that this issue should be made a topic for public debate
in Shanghai.

If the ICANN Board and staff can confirm that these two issues will be the
subject of a public forum in Shanghai, I will take the necessary steps with
the registrar constituency to prepare documents and position papers to
properly frame and expedite public discussion.

Thank you for your time and attention to this matter and I eagerly await
confirmation of my request.

Best regards,