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CB Toll Free (800/888) News by: Judith Oppenheimer, Publisher, ICB Toll Free (800/888) News
Monday October 4 1999 at 02:31:19 PM EST

Don'tTakeMyDomainName.com

"You agree that we may, in our sole discretion, delete or transfer your domain name at any time."

New York, NY U.S. - Supposed "Proposed Implementation Documents for Public Comment and Review" regarding your existing domain names are at http://www.icann.org/udrp/udrp.htm.

'Supposed,' because much of this nonsense is already in place.

In fact, by entering into the contracts listed below, ICANN is going around the entire process of public discussion, public comment, consensus decision-making.

Even the link promised by ICANN on September 28 for public comment on the "Tentative" Commerce/NSI/ICANN documents, http://www.icann.org/agreements.htm, is yet to appear ...

But I sense there is some value, if perhaps only to future challenge, to go on record in opposition anyway.

"You agree that we may, in our sole discretion, delete or transfer your domain name at any time" applies to you whether you have trademark protection of your brands or not.

The language applies as well where your domain name registrations with Network Solutions (NSI) predate this language, per:

http://www.networksolutions.com/legal/agreement.html D. Dispute Policy Changes or Modifications. Registrant agrees that NSI, in its sole discretion, may change or modify the Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that if Registrant considers any such changes or modifications to be unacceptable, Registrant may request that the domain name be deleted from the domain name database.

Given these facts, I strongly suggest that you send the comments below, or your own version if you prefer, to mailto:comment-udrp@icann.org.

I also suggest that you copy the comments to your Congressional Representatives, as perhaps with enough political pressure, Capitol Hill may be able to put a stop to this nonsense.

Finally, I suggest that you make a copy of this article and forward it to at least ten friends and business associates, and ask that they each do the same.

Below are suggested comments to send to mailto:comment-udrp@icann.org subject heading: domain name seizure policy

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"You agree that we may, in our sole discretion, delete or transfer your domain name at any time."

Revocation-with-no-cause-and-no-due-process language, and the language that supports and/or mandates it, needs to be removed from the documents discussed below.

Paragraph 3 of the Uniform Domain Name Dispute Resolution Policy http://www.icann.org/udrp/udrp-policy-29sept99.htm says, "We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements."

Paragraph 7 says it again: "Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above."

As such, domain names can be canceled, deleted or transferred at any time, with no due process, as written in all of the existing Domain Name Registration Agreements:

Network Solutions (NSI) http://www.networksolutions.com/legal/dispute-policy.html Revocation. The registrant agrees that Network Solutions shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon thirty (30) calendar days prior written notice, OR at such time as Network Solutions receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.

CORE - Council of Internet Registrars (global) http://www.corenic.org/dispute-policy/CORE-dispute-policy.htm Revocation. The registrant agrees that CORE shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon thirty (30) calendar days prior written notice, OR at such time as CORE receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.

Domain Bank http://ru.domainbank.net/reg_agreement.cfm Breach and Revocation. ... You also agree that Domain Bank shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, OR ...

A+Net/ABACUS America, Inc. (United States) dba Names4Ever http://www.names4ever.com/dp.html Revocation. The registrant agrees that A+Net shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon thirty (30) calendar days prior written notice, OR ...

NameSecure http://www.namesecure.com/services/registration_agreement.cfm REVOCATION. ... You agree that we may, in our sole discretion, delete or transfer your domain name at any time.

Register.com http://register.com/service-agreement.cgi?1 142560921 Breach and Revocation. You also agree that register.com shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice.

This language, in turn, is in place in *every* registrar/registrant agreement, because the existing ICANN Registrar Accreditation Policy mandates it in "Business Dealings, Including with SLD Holders":

"The SLD holder shall agree that its registration of the SLD name shall be subject to suspension, cancellation, or transfer by any ICANN procedure, or by any registrar or registry administrator procedure approved by an ICANN-adopted policy, (1) to correct mistakes by Registrar or the registry administrator in registering the name or (2) for the resolution of disputes concerning the SLD name."

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This language and any language like it, in the ICANN Registrar Accreditation Policy, ICANN Registrar Accreditation Agreement, the ICANN Uniform Dispute Resolution Policy, and in Domain Name Registration Agreements, should be removed immediately and permanently.

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Author/Correspondent's Profile: Judith Oppenheimer, Publisher, ICB Toll Free (800/888) News


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