RE: [ga] BULK whois (or: ICANN's Agreements)

["Michael D. Palage" <michael@palage.com>]

Richard:

 

Without commenting on the specifics of your opinions, I thought I would shed some legal light on the ICANN Registrar Accreditation Agreement.

 

There is no third party beneficiary provision in the ICANN Registrar Accreditation Agreement, this principle was confrimed in the Register.com v. Verio case in which Verio argued that Register.com breached its agreement with ICANN by not providing it with access to its bulk data. This case is currently on appeal with the Second Circuit.

 

Mike

-----Original Message-----
From: Richard Henderson [mailto:richardhenderson@ntlworld.com]
Sent: Thursday, February 06, 2003 6:30 PM
To: Michael D. Palage; steinle@smartvia.de; ga@dnso.org
Subject: Re: [ga] BULK whois (or: ICANN's Agreements)

Does the Registrar Accreditation Agreement include sanctions against Registrars who break other ICANN Agreements. For example, those Registrars who broke Registry-Registrar Agreements in the .info names release... they are still accredited... if the industry simply operates on a basis of Registrars regulating themselves, what protection is there for consumers from bad registrars who put their own self-interest and profit before ICANN's Agreements or the interests of consumers?

 

I don't see the point of ICANN Accreditation if that accreditation is based on technical capability, rather than rules of conduct and recognition of ICANN Agreements. Technical capability to rip off customers? In some cases, sadly, yes.

 

ICANN is craven >>> it lets bad registrars flout its own rules without penalty >>> it throws consumers to the "mercy" of unscrupulous registrars >>> the Registrar community itself fails to generate a compelling code of conduct on which accreditation and participation would be dependent.

 

Of course, most registrars I encounter are decent people... but their reputation is badly damaged by the cowboys in your midst.

 

The rules of the game for registrars should run simply like this:

 

You want the privilege and profit of operating in this business? Then you have to accept these rules.

 

You break those rules? You're out.

 

All Registry-Registrar Agreements should stipulate this, and breach of rules should mean... bye bye business.

 

And ICANN-Registry Agreements should stipulate codes of conduct too, with the same rule applying to the Registry...

 

You, the Registry, fail to enforce your rules? You're out too.

 

Contract. Sign.

 

 

 

Richard Henderson

 

----- Original Message -----

From: Michael D. Palage

To: steinle@smartvia.de ; ga@dnso.org

Sent: Thursday, February 06, 2003 10:12 PM

Subject: RE: [ga] BULK whois

Speaking only on the topic of .info and .biz, it is my understanding of the contracts that the registries do not have a bulk access per se because it is the registrars that own the data. Therefore, if one was to purchase Network Solution's bulk whois data they would  be entitled to all ICANN sanctioned domain names that it sponsors (.com, .org, .net .info, .biz ,etc), provided that the registrant did not opt out as provided for in the ICANN Registrar Accreditation Agreement.

 

Mike

-----Original Message-----
From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of steinle@smartvia.de
Sent: Monday, February 03, 2003 11:04 PM
To: ga@dnso.org
Subject: [ga] BULK whois

Is there a BULK whois file for .info, .biz and .us like there is one for cno domains?
And how could one opt-out of this?

Thanks!
Simon