[lac-discuss-en] Pre-registrations

Carlton Samuels carlton.samuels at gmail.com
Wed Aug 17 16:03:23 UTC 2011


Some of you would have seen my response when the subject was in play on the
NARALO list.

I speak here as the elected Rapporteur to the ALAC. If the entity/person
involved ask for money to guarantee registrations on the assumption the
string shall be approved, then there is a *prima facie* case of fraudulent
intent.  And since in most jurisdictions attempted fraud is the same as
perpetuating a fraud, this becomes an actionable police matter for the
jurisdiction where any citizen is so harmed.

If, however, all they offer is to hold a place in a virtual line for free.
 And invite you to gamble on the string of choice shall be approved.  And
invite you to gamble on the domain name of your interest shall be available
for registration.  And convince you that if the previous gambles align and
at that moment, you will pay a fee they will disclose at that time for all
the services rendered, I cannot see an advisory from the ALAC to the ICANN
Board decrying this activity as a rational response.

So far, the evidence we have does not show the entities/persons advertising
these services have done more than what is outlined above; promise something
with plain 'conditions apply' provisions.

To my mind, pre-registration as now configured may not be construed as
illegal or even 'shady'.  And I am extremely uncomfortable with this idea of
stereotyping such activities in this context as likely criminal. This here
does not even rise to the level of something like the penile enlargement
pill thing you see so often on North American TV; there is exchange here of
money for pills and youse takes your chances!

IMO, this is nothing more than a so-so gimmick by speculators to estimate
demand for a putative string and, thusly, gain an estimate of the market
strength of a string and the value of specific domain names.

Alejandro made an interesting observation in this exchange however; maybe
this might be used as a way to popularize the entire new gTLD operation in
LAC.

Kind regards,
Carlton Samuels


==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
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