Showing posts with label domain name registrant. Show all posts
Showing posts with label domain name registrant. Show all posts

2017-04-02

News Review | Global Public Interest: Why ICANN Will Always Be A #FAIL

News Review | ©2016 DomainMondo.com
Domain Mondo's weekly review of internet domain news:

Features • 1) Global Public Interest: Why ICANN Will Always Be A #FAIL, 2) ICANN news, 3) Names, Domains & Trademarks, 4) ICYMI Internet Domain News, 5) Q1 2017 Earnings Season, 6) Most Popular.

1) Global Public Interest: Why ICANN Will Always Be A #FAIL
“ICANN is obligated to manage gTLDs in the interests of registrants and to protect the public interest in competition. ICANN appears to have assumed that the introduction of new gTLDs necessarily will enhance competition and promote choice and innovation, without offering any evidence to support that assumption.”U.S.Department of Justice, Antitrust Division, December 3, 2008 (pdf). (Read the entire letter!)
Most people will agree, or acknowledge, that ICANN does not manage gTLDs 'in the interests of domain name registrants'--
"We are not running out of domains. This [new gTLDs] is a “way for registries and registrars to make money.”--Esther Dyson, founding Chair of ICANN, July 21, 2011
"... At least the USG (US government) offers some accountability. ICANN's primary active stakeholders are businesses making money off the DNS; most users are too busy elsewhere to pay much attention..."--Esther Dyson, ICANN's founding Chair, Sept 22, 2015. 
Dyson also says she “lost any faith, over time,” in ICANN’s ability to regulate the domain-name business."--ICANN's Boondoggle | MIT Technology Review, August 21, 2012. And Dyson is not alone:
"The public at large, consumers and businesses, would be better served by no expansion or less expansion' of domains"--Jon Leibowitz, former FTC Chair, New York Times, August 17, 2013.
Tim Berners-Lee: "....when a decision is taken about a possible new top-level domain, ICANN's job is to work out, in a transparent and accountable manner, whether it is really in the best interest of the world as a whole, not just of those launching the new domain. It also means that ICANN's use of the funds should be spent in a beneficent way...."
"I really can’t see a legitimate upside where new benefits [of the new gTLDS] outweigh costs, and everyone I mention this to feels the same way. People just shake their heads. It’s all about the money. They [ICANN] are creating these extensions because they can."--University of Pennsylvania Wharton School marketing professor Peter Fader, in Knowledge@Wharton, May 21, 2014 (emphasis added).
After reading the above, anyone should be able to understand why ICANN actually operates counter to the global public interest in managing gTLDs (generic top-level domains) and why the global internet community (including most domain name registrants worldwide), would be better served if ICANN was replaced, or the management of gTLDs was assigned to a new or existing global agency not dominated and controlled by registry operators, registrars, and a "gaggle of special interest lawyers and lobbyists," as ICANN is now, and under its current structure, always will be.

Examples abound of the bad consequences of allowing ICANN to have global authority and so disregard the global public interest:
"In most industries, businesses that blatantly act against the interests of their customers to favor their own internal profit centers would either not be allowed or else subject to controls and oversight by the government. It is universally regarded as an unfair and deceptive business practice. In the domain name registrar business, however, the normal practices of legitimate business dealings and customer protection seem woefully wanting ... Kelly's Case described here illustrates the point ... the FTC itself — concerned about the potential increase in registrar deceptive practices and fraud — has repeatedly asked ICANN "to take additional steps to protect consumers"..."--Anthony Rutkowski, Mar 26, 2017, circleid.com.
But asking ICANN to act in the global public interest and protect consumers is akin to asking the impossible. By its very nature and structure, ICANN is complicit in the fraud, deception, and unfair business practices rampant in the global domain names marketplace, and now exacerbated by ICANN's new gTLDs. ICANN manages gTLDs in the interests of gTLD registry operators and gTLD registrars who control ICANN's policy-making GNSO (Generic Names Supporting Organization). Most domain name registrants are excluded from having ANY representation within the GNSO. Governments, which traditionally have protected the public interest and the interests of consumers, i.e., domain name registrants, are largely ignored and shackled within ICANN's structure in the GAC (governmental advisory committee), allowing the "privatized" ICANN to grant registrars and registry operators carte blanche authority to "rape and pillage" the global domain names marketplace and domain name registrants worldwide.

Where are the warnings to domain name registrants about the pricing unpredictability a/k/a "predatory pricing," and the  "universal acceptance" problems of ICANN's new gTLDs? You won't find any conspicuous warnings to registrants on ICANN's website or any new gTLD registry operator or registrar website either.
"ICANN is just a scam and the entire industry is based on monopolistic fraud with DC payoffs."--Mike Mann, domain name registrant, March 30, 2017.

2) ICANN news: 

UPDATE April 3, 2017: ICANN CCT-RT Webinar 19:00 UTC SESSION: Adobe Connect Replay

ICANN CCT-RT Webinar on Competition, Consumer Trust and Consumer Choice Review Draft Report | ICANN.org: "On 3 April 2017, the CCT-RT will host two separate sessions at 10:00 - 11:30 UTC (time zone support here) and 19:00 - 20:30 UTC (time zone support here)." More information at the link above. How to join: 1) Adobe Connect: https://participate.icann.org/reviews-webinar; 2) Dial in numbers: http://adigo.com/icann/  Language services provided: English: 9001; French: 9002; Spanish: 9003; Chinese: 9004; Russian: 9005.  (Editor's note: the above is ICANN's attempt at coming up with "something" that supports ICANN's assumption that "the introduction of new gTLDs necessarily will enhance competition and promote choice and innovation, without offering any evidence to support that assumption.” See quotation from US DOJ first above.)


3) Names, Domains & Trademarks:

4)  ICYMI Internet Domain News: 
  • Future of the internet"... Google’s geopolitical aspirations are firmly enmeshed within the foreign-policy agenda of the world’s largest superpower ... If the future of the internet is to be Google, that should be of serious concern to people all over the world—in Latin America, East and Southeast Asia, the Indian subcontinent, the Middle East, sub-Saharan Africa, the former Soviet Union, and even in Europe—for whom the internet embodies the promise of an alternative to US cultural, economic, and strategic hegemony ..."--Julian Assange, Google Is Not What It Seems | wikileaks.org
  • Russian hacking: The Sleazy Origins of Russia-gate | washingtonsblog.com: "An irony of the escalating hysteria about the Trump camp’s contacts with Russians is that one presidential campaign in 2016 did exploit political dirt that supposedly came from the Kremlin and other Russian sources. Friends of that political campaign paid for this anonymous hearsay material, shared it with American journalists and urged them to publish it to gain an electoral advantage. But this campaign was not Donald Trump’s; it was Hillary Clinton’s ..."

5) Q1 2017 Earnings Season:
Q1 2017 Financial Results--Q1 2017 earnings coverage in the coming weeks on Domain Mondo (alphabetical order): Alibaba BABA; Alphabet GOOG / GOOGL; Amazon AMZN; Apple AAPL; Facebook FB; GoDaddy GDDY; Rightside NAME; Tucows (TO:TC) (NASDAQ:TCX); Twitter TWTR; Verisign VRSN.

6) Most popular post (# of pageviews Sun-Sat) this past week on DomainMondo.com: News Review: 1) .AFRICA Case Update; 2) ICANN Dysfunction Alive & Well.

-- John Poole, Editor, Domain Mondo 

feedback & comments via twitter @DomainMondo


DISCLAIMER

2015-09-23

Contact Information for All ICANN-Accredited Domain Name Registrars

"Registrar Primary Contact Updates: ICANN-accredited registrars are required to provide ICANN with accurate and current primary contact information. Registrars on the 2013 RAA must notify ICANN of changes to primary contact details and other information contained in the Registrar Information Specification within 5 days of the change. Registrars on the 2009 RAA must notify ICANN within 30 days of any changes to their primary contact information."--ICANN
Have you registered, or are you thinking about registering, one or more domain names? Then you need to have on file (digital and hard copy) the information on file with ICANN as to the legal name, telephone number and email address of your domain name registrar. It may also be a good idea to know the physical or "operational" address of your registrar.

Where to find the legal name, email address and telephone number that your domain name registrar has on file with ICANN--ICANN | Descriptions and Contact Information for ICANN-Accredited Registrars: Descriptions and Contact Information for ICANN-Accredited Registrars (updated Wednesday, 23-September-2015)

If you discover your domain name registrar is not listed at the ICANN link above, Domain Mondo recommends you do not do business with that "Registrar" and quickly make arrangements to transfer all of your domain names to the ICANN-Accredited Registrar of your choice (e.g., Namecheap, Hover (Tucows), GoDaddy, etc.), there are many "reputable" and "accredited" domain name registrars--preference is a matter of personal needs and choice, with some of the factors being price, reliability, support, ease of use, etc., as well as other factors, some of which are discussed below.

If you want or need the street address (operational) of your registrar, and you cannot find it on the registrar's website, look at the WHOIS contact info for the registrar's domain name, or contact ICANN. You might also want to review your Registrar's agreement with ICANN. Domain Mondo recommends that registrants do business with the ICANN-accredited domain name registrars legally resident in your nation, or which are legally-qualified to do business in your nation. For example, if you live in Australia, Domain Mondo recommends you do business with an ICANN-accredited Domain Name Registrar legally resident in Australia or which is "legally qualified to do business" in Australia (normally requires filing(s) with appropriate governmental authorities in the subject jurisdiction).  [UPDATE: if you cannot find an acceptable, ICANN-accredited registrar where you reside, choose an ICANN-accredited registrar in another jurisdiction where there are strong consumer protection laws.] This is very important for several reasons, here are a few:

a) ICANN: Domain Name Registrants' Rights:: "... You [domain name registrant] shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence ..." If your registrar is not subject to the jurisdiction in which you live, it could be a problem.

b) Rules for Uniform Domain Name Dispute Resolution Policy (UDRP - the "Rules"): "... Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider..."

c) Uniform Rapid Suspension System or URS - (applicable only to new gTLDs and those legacy gTLDs that have subsequently adopted* it--but does not include .COM domain names): "... Mutual Jurisdiction: means a court jurisdiction at the location of either (a) the principal office of the Registrar or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider..."

Final note: some ICANN-accredited Registrars are also Resellers for other Domain Name Registrars--for example, Namecheap, an ICANN-accredited Registrar, is also a Reseller for Enom, also an ICANN-accredited Registrar. If you have registered a .COM domain name through Namecheap, your registrar agreement may be with Enom, therefore keep on file the information for both Namecheap and Enom.

Caveat Emptor!

See also on Domain Mondo
*update 30 Dec 2016.



DISCLAIMER

2015-03-10

ICANN Hates Fairness and Predictability? So What's New?

Domain Mondo has watched in amusement as ICANN Insiders and Outsiders have both recently bemoaned the unfairness, and utter unpredictability of ICANN policies and processes--

Exhibit 1: ICANN's New gTLDs program--see the Booking.com case of an unfortunate new gTLD applicant caught up in ICANN and its new gTLD program's policies and processes--just one comment out of many (and this one is by a trademark attorney)--"... the results flabbergasted many people. Somehow it seemed to mutate into a "bad eyesight similarity review," since the only two "positives" were one where "i" gets confused with "l" and one where "rn" gets confused with "m." Meanwhile, singulars were not similar to plurals. So "hotels" is a similar string to "hoteis" but not to "hotel"..."

Exhibit 2: ICANN's UDRP policy--see the case of easyGroup Limited v. Easy Group Holdings Limited, D2014-2128 (WIPO February 19, 2015) wherein a 3-Member Panel split, with the majority denying the complaint and finding reverse domain name hijacking and the dissent finding lack of rights or legitimate interests and abusive registration--
Getting it Wrong: Split Decision for - IP Legal Corner: "The dissent’s view raises anew an old problem that panelists recognized early on about the UDRP, namely that appointment of the wrong Panel could in fact be a roulette wheel. See Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001) (“The majority believes that potential users of the UDRP are entitled to some degree of predictability. Counseling one who is considering filing a Complaint should consist of more than, ‘It depends what panelist you draw.’”)" (emphasis added)
That's right, ICANN knew "early on" (UDRP policy was adopted by ICANN in 1999) that a UDRP outcome was more dependent upon the panelist(s) one drew--i.e.,a roulette wheel--than the facts and merits of the case. ICANN apparently loves arbitrary, capricious, and unfair outcomes resulting from ICANN policies and processes, because it has done nothing to correct this in over 15 years! ICANN operates in the public interest? Apparently it doesn't matter to ICANN that an end result is wrong, just as long as ICANN's complex and inherently flawed policies and processes were followed. Form over Substance! should be ICANN's official motto.

Exhibit 3: ICANN's policy allowing "sky is the limit" annual registration renewal fees for New gTLD domain names--official ICANN policy allows new gTLD registries to increase registration and renewal fees on domain name registrants without any caps or limitations--

Surprise! Surprise! How much will it cost you dear new gTLD domain name registrants to renew that new gTLD domain name next year? And the year(s) after that? How about building your online business on a new gTLD domain name will cost you $30,000 per year to renew, 3 years from now? LOL! I guess the joke is on all of you new gTLD domain name registrants--and the Joker is ICANNDomain Mondo warned you--Caveat Emptor!

And Larry Strickling and the NTIA really think ICANN is ready for prime time? Who is being played for a fool?


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