[NA-Discuss] [ALAC] NARALO statement on pre-registration

ebw at abenaki.wabanaki.net ebw at abenaki.wabanaki.net
Wed Aug 24 01:35:37 UTC 2011


Passing on the process issue external to the NARALO, I have a few thoughts
on the substance of the issue.

The parties representing that they can, in conditional the future, perform
registrations, if registrars, and bound under either the pre-2009 RAA, or
the 2009 RAA, are required to provide the registration policy. Failure to
do so is a compliance issue, which can lead to non-renewal or loss of

Additionally, given the allocation mechanisms the corporation selected where
contention exists, and the absence of certainty that applications will be
submitted, and not also be subject to allocation under a contention rule,
the claim that any party may make, including a contracted party, that they
will have some contractual relationship with a delegation holder is first,
fictional, and second, subject to third-party interference.

The more I think on this, the clearer it seems to me that "pre-registration"
is consumer fraud, and harms applicants, and the appropriate course of
action to urge ICANN to carry out its compliance obligations, to urge
the regional law enforcement agencies that their consumer fraud missions
include sales and "gifts" of inextant claims on applicants, and to inform
applicants that third parties may not, proactively, make claims upon them
for their inventory or their good will, without compensation.


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