One of the leading domain attorneys we all know and love sent me an e-mail today about my Post the other day concerning Domain Registrars which warehouse expired domains of their customers instead of releasing them into a drop or auction.
It seems that Paragraph 3.7.9 of the agreement between ICANN and the Regsitrars that we have been quoting to say:
“”””Registrars shall abide by any ICANN adopted specifications or policies prohibiting or restricting warehousing of or speculation in domain names by registrars.””””
Seems that ICANN never “adopted specifications or policies” in regards to registrars warehousing domains.
Therefore although the contract talks about violating these policies, our attorney friend points out, there is no way to violate section 3.7.9 because, in the absence of any “specification or policy”, by ICANN, there is nothing to violate.
ICANN has never passed any rule that says domain registrars cannot warehouse domains.
All perfectly legal and in accordance with the rules.
Registrars can maintain all their clients expired domains without ever releasing one.
The language in the contract is useless without the passage of a separate rule by ICANN.
Our attorney friend is also concerned that if ICANN acts its may hurt some of the large domainers who have set up their own registrars to protect there domains and want us to distinguish between retail registries and those domainer owners registries that do no retail business, such as Frank’s Domain Name Sales Corp.
While I have no problem with having separate rules for retail and non-retail registrars, I think its doubtful that ICANN which has no rules at all, would go through the trouble of making separate rules for retail and non-retail registrars.
It is essential that the domainer community get’s there comments posted on ICANN site before the deadline passes which again is August 4, 2008
Here is where you send your comments:
raa-consultation@icann.org
There is still less than 10 comments posted in opposition to this practice of registrar warehousing so maybe you guys just don’t care.
However I get lots of comments here and see people bitching on the boards about that practice.
So to be clear, bitching on the boards is not going to change a thing.
and while I love when you guys comment here that isn’t going to change anything regarding ICANN either.
Send off an e-mail, express your opinion on the issue.
Do it today.
Thanks for the honest post – you are right there 100%.
Very relevant post Michael. Since David and I have become members of the Business User Constituency I can tell you that a lot of work is done behind the scenes in email and phone correspondence relating to issues that relate to your concerns. You voice DOES matter and I encourage everyone to make yourself heard by contacting ICANN through email, phone and their contact form at:
http://www.icann.org/cgi/contact
It does take time to filter through but ICANN has a mandate to take these issues seriously and find the best outcome for everyone. The recent Domain tasting resolution is a good example of its progress.
Just got a letter for ICA president.
I guess ICA doesn’t see any problem with the way Tucows, Inc. conduct business (including warehousing expiring domains).
I think warehousing refers to domains that are expired and not released by the registrar’s customers.
I don’t think it applies to individuals or companies that set up or buy a registrar for their own use.
Still, the dreaded unpaid names department at Register.com and Moniker are a bit unethical to me.
Can the previous registrant pay back renewal fees and get the domain back?
If the answer is no then the title of the “unpaid names department” seems to be fraudulently misleading.
Yaron,
I got that email too. Frankly, I was deeply disappointed in the entire message. Especially the part about him wanting us to shutup about this kind of thing on public forums such as this!
Of course, he is also involved with that same company that saw nothing wrong with 3 “Do Overs” on the .mobi auctions – talk about unethical.
Cartoonz,
I agree. For me this case was a great opportunity to see if I want to reconsider and join the ICA…
Very disappointing.
Guys
I’m disappointed too.
I don’t see how warehousing domains help anyone other than the registrars.
And I still say if NetSol did this for one day you would hear the outrage from all corners
On the other hand we cannot expect the ICA or any organization to represent our views 100% of the time.
We all disagree sometimes.
more control and more rules. yea that’s what we need.