[NA-Discuss] Bottom Up Action Procedure

[ebw at abenaki.wabanaki.net]

Beau,

The exploit has already begun, and will continue until at least the early
operators transition through the Sunrise/Landrush/General-Availability set
of phases and the "you can get ..." buzz fades due to either ease of true
registration or the demand fades due to unforeseen consequences such as a
large, simultanious set of registration choices.

So the utility runs from not too long ago, through at least mid-2013. 

The harms are:

	o to ordinary registrants, that of capture by the "facilitating"
	  registrar, akin to frontrunning, only it is the registrant, not
	  the domain, which is subject to some degree of enticement or
	  coersion,
	o to ordinary registrars, that of capturing by the "facilitating"
	  regisrars, of future transactions with the captive registrants,
	o to policy-based applicants, that their policies are fictional
	  and some third-party is capable of binding them to its "pre-sales"
	  committments, or that pay-per-click, or porn, or latin script
	  labels in an IDN name space are policy-consistenent,
	o to all applicants, that their fundraising, investment offers,
	  and marketing are all dependent upon the actions of "facilitating"
	  registrars.

So there is consumer fraud, and it doesn't go away by observing, correctly,
that some of the defrauded consumers are ad word buyers, who are utterly
indifferent to who wins any contention, or what policy applies to a name
space, so long as the ad word inventory they seek to acquire costs less
than the revenue it is projected to return, and therefore not defrauded,
as these are not all the parties targeted by "facilitiating" registrars
for "pre-registration" enticements.

There is also the interference with applicants, creating non-market, and
non-contract (with ICANN and also with all registrars upon delegation)
costs, which of necessity harms applicants, and therefore harms registrants.

Eric