[governance] Domain Warehousing

[Yehuda Katz]

ICANN Not Enforcing Rules Against Registrar Warehousing 
Because There Are No Rules
July 6th, 2008 

Art. ref.:
http://www.thedomains.com/2008/07/06/icann-not-enforcing-rules-against-registrar-warehousing-because-there-are-no-rules/

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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 at 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.

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