It would surprise me if this new system by NSI will be allowed to continue. It would appear to me to violate several policies and obligations that NSI must heed. Here's what I just wrote to ICANN (and others):
---- note to ICANN and others --------
Hello,
At the Carthage, Tunisia meeting of the ICANN Board, the minutes:
http://www.icann.org/announcements/advisory-31oct03.htm
*adopted* the Deletion Policy Recommendations of the GNSO (see the heading "Adoption of GNSO Council Domain Deletion Policy Recommendations" in the minutes)
The deletions policy is at:
http://www.icann.org/carthage/deletes-topic.htm
My understanding (correct me if I'm wrong) is that those are now *Consensus Policies".
1) Why, as a Consensus Policy, is it not listed at:
http://www.icann.org/general/consensus-policies.htm
2) Several new services would appear to be in violation of the Consensus Deletions Policy. In particular, Network Solutions will now auction expired domains BEFORE they would have naturally deleted:
http://www.networksolutions.com/en_US/name-it/pending.jhtml
As per the announcement by SnapNames at:
http://www.domainstate.com/showthread.php3?s=&threadid=33201
"Starting today, if a domain name at Network Solutions expires and is not renewed, the domain will immediately be awarded to the holder of a SnapBack subscription on that name. If there is more than one SnapBack subscription on a particular name, the name will become the object of a
short auction among the interested parties, andwill be eventually awarded to the auction winner.
Network Solutions will start checking to see if domains have a SnapBack on them within a few hours from now. Any Netsol registered names with an expiry date of 8/12, 8/13 or 8/14 could be part of this, so you may want to enter those domains into your SN account as soon as possible."
3) It is my belief that the above system violates the consensus policy, in particular:
"At the conclusion of the registration period, failure by or on behalf of the Registered Name Holder to consent that the registration be renewed within the time specified in a second notice or reminder shall, in the absence of extenuating circumstances, result in cancellation of
the registration by the end of the auto-renew grace period (although registrars may choose to cancel the name earlier)."
The relevant wording is "shall.....result in cancellation" (NOT "may"). NSI appears to be taking control of the relevant domains, without explicit permission of the Registered Name Holders, in order to profit from their expiry, when it appears to be their duty that the domains be cancelled, to provide equivalent access to all other registrars to
register the cancelled domain name.
4) By virtue of NSI's former monopoly (meaning they have control of many of the best expiring domains, which were registered in the early 1990s), this new system is anti-competitive, forcing prospective registrants to continue to deal with Network Solutions and its partners for the registration of the desired domain name, instead of the
current method where the name would expire and be caught using a variety of competitive domain-catching services.
5) ICANN should put a stop to this practice, and ensure that domains are either deleted, OR that any such auctions take place only with explicit permission of the Registered Name Holders (without the registrar stepping in as a "proxy", having transferred the domains to themselves without the permission of the prior registrant). "Explicit"
would be "opt-in", and NOT a *failure* to opt-out.
6) The above system by NSI appears to also violate the principles of the Redemption Grace Period, because names would be siphoned off to SnapNames bidders BEFORE the domains would have entered RGP. This obviously hurts existing registrants, through the usurpation of their
rights by NSI.
7) Litigation will almost certainly ensue if the above NSI system continues. Perhaps ICANN should now step in and do something, to ensure that the obligations of registrars are being met?
Sincerely,
George Kirikos
http://www.kirikos.com/
I reckon it is.
