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    This discussion has been archived. No new comments can be posted.
    When is a registrant NOT a registrant? | Log in/Create an Account | Top | 7 comments | Search Discussion
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    Failure of ICANN to write bulletproof contracts
    by GeorgeK on Tuesday February 14 2006, @01:13PM (#16602)
    User #3191 Info | http://www.kirikos.com/
    This is yet another example of the failure of ICANN staff, and their inability to write good contracts.

    The assumption should be made with any new TLD that it will be gamed to the maximum extent. We see it in .eu too, where non-Europeans established European companies specifically for the Sunrise, and then applied for flimsy European trademarks in order to secure generic .eu domain names. Further discussion here [dnforum.com], here [dnforum.com], and here [dnforum.com].

    If you assume the next new batch of TLDs won't be gamed, I have a bridge to sell ya....
    [ Reply to This | Parent ]
    ICANN Is Over-Regulating .Pro
    by Anonymous on Friday February 17 2006, @12:31PM (#16615)
    The problem is not that "ICANN has done nothing".

    The problem is that they have done too much!

    They designed a tld that only supported three professions and four countries. Then they put themselves in the decision-making role to approve new professions and countries.

    After ICANN staff approved RegistryPro's application for three new professions: dentists, architects and engineers, they then changed their mind when a Board member objected, forcing RegistryPro to cancel the rollout after they had already made a public announcement.

    see http://www.registrypro.pro/pressreleasses/pressrel ease_2004_10_27.htm

    Several months later, RegistryPro was allowed to support just one of the professions -professional engineers, after an ICANN Board vote.

    Why is the ICANN Staff and Board involved in making these decisions?

    There is no way that this ICANN-decides-the professions-and-countries model can scale so that all licensed professionals and all countries are supported. ICANN needs to remove themselves from this process.

    Last year, ICANN overstepped their authority with their public objections to RegistryPro and EnCirca about EnCirca's leasing service, knowing full well it was allowed under their contracts with both RegistryPro and EnCirca.

    This is clear when ICANN asks RegistryPro "would you be open to "amendments" to your contract? In other words, there were no contract violations. Essentially, they were interfering with a legal service for domain names.

    Since then, they have stonewalled RegistryPro's attempts at communications to fix the governance model for .pro.

    The facts are these:
    - Domain leasing is not prohibited by ICANN in .pro or in any other ICANN tld
    - Curse words are not prohibited by ICANN in .pro or any other ICANN tld

    Simply put, all registrations under the EnCirca leasing model are legal. Even if a new ICANN consensus policy or bilateral agreement was adopted prohibiting leasing in .pro, precedence dictates that they would need to be grandfathered for perpetuity.

    (for example: single-letter domains in .com that were registered prior to ICANN's decision to reserve them were grandfathered to the original customers)

    There are important lessons here for ICANN in over-regulating a tld. Its time they took steps to remove themselves from micro-managing .pro.

    Hopefully, ICANN realizes their policy-making role in .pro is inappropriate and they extricate themselves from this role.

    [ Reply to This | Parent ]


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