Nor is it ever likely to become ICANN policy if it has to go through the consensus process, far too many of those required for consensus have a vested interest in the status quo. Though what ICANN consensus is has never been defined or quantified, and I guess that too would have to first be agreed to by consensus, etc.|
The only consensus adopted policy that registrars have to abide by, the only one ICANN ever managed, is the UDRP. They managed that one using nothing like consensus and rammed it through early for the IP folks, otherwise registrars could get sued. They could arguably get sued for some of this stuff too, but the IP folks can afford the court cases, the average registrant and the average speculator cannot.
Registrars themselves could form an organization and come up with best practices (including hopefully such a policy) that anyone not abiding by would would lose that organization's accreditation/membership, even if they kept ICANN's. If I was a registrar that's what I'd be pushing for. Because right now all registrars are suspect, potential registrants will only hear of worst practices, and as long as the worst practices are successful they will spread.
And if I was a registrant or potential registrant personally aggrieved by any of these shenanigans without sufficient funds to sue on my own I'd be trying to form at least a loose association for a class action suit. An ongoing formal registrant's association would be even better but any attempt at that will be subject to capture by those who prefer the present corruption.
Still and all, my peeve is that neither ICANN (who well knew of this practice thanks to Richard Henderson) nor registrars have announced that first come first served is no longer operant, although some registrars have promised (and generally not delivered) on preferential placement. That, it seems to me and IANAL, should be subject to some form of legal sanction. I remain baffled how registrars are going to announce that they still have these names available and are offering them to the public still one more time. Or, as Richard has alluded to, perhaps they will just get around that by privately selling them for whatever they want, to whomever they want, whenever they want, probably free of sanction, unless those doing the complaining get their act together. What a mess. And ICANN bills this as one of their successes. Infreakingcredible. -g