[NA-Discuss] statement on pre-registration draft for discussion

Fri Jun 10 22:24:33 UTC 2011

I figure the shorter the better. Maybe it's not short enough. Anyway:

--------DRAFT LANGUAGE BEGINS HERE-------------

To: ALAC and ICANN Board
From: North American Regional At-Large Organization (NARALO)
Subject: Pre-registration of TLDs

The NARALO observes that at least one ICANN-accredited registrar, United Domains, is offering what it calls "Free nTLD pre-registration" (see https://www.uniteddomains.com/ntld/pre-register-new-domains) in anticipation of the availability of some top-level domains by its own estimated date of October 2012.

While United Domains says the pre-registration service is free and non-binding, the NARALO is concerned the offer of such a service could create artificial demand which could then be used to justify additional rounds of TLD creation and release, or might serve to confuse consumers.

The NARALO wishes to remind ICANN that approximately 10 years ago, the announcement of pre-registration for new top-level domains (such as .aero, .coop and so-on) prompted the U.S. Federal Trade Commission to issue a consumer alert (http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt084.pdf) that said, in part, "Some registration services are guaranteeing new top level domain names or promising preferential treatment in the registration process....

"But, the agency cautions, these offers may be misleading.
"The FTC advises consumers to protect themselves by:
...Avoiding any domain name pre-registration service that guarantees particular top level domain names or preferential treatment in the assignment of new top level domain names.."

The NARALO is aware that the situation then and now is different, and that United Domains and others provide substantial disclosure information about the nature of the pre-registration program. The NARALO also recognizes that the FTC action at the time was thought by some in the Internet community to be excessive and alarmist.

Therefore, the NARALO recommends that, through ALAC, ICANN undertake public communication that makes clear what, exactly, consumers and others might expect from "pre-registration." It should be the organization that administers the domain name system, not the agents of domain sale, who should be defining the nature of Internet "real estate" in the public interest. 

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OK, feel free to have at it, discuss, add, critique. Let's see if we can get some consensus on a statement rolling into the Singapore meeting.

We can circle back on this on Monday's call.

Thanks

Beau

-----Original Message-----
>From: Danny Younger <dannyyounger at yahoo.com>
>Sent: Jun 6, 2011 3:25 PM
>To: NARALO Discussion List <na-discuss at atlarge-lists.icann.org>, Avri Doria <avri at ella.com>
>Subject: Re: [NA-Discuss] Pre-registrations
>
>In announcing the final countdown to .eu, the European Commission used this language:
>
>"Given a risk of confusion and even fraud, use of "pre-registration" services is not recommended by the Commission. In any case consumers and companies are encouraged to check exactly what is and what is not being offered."
>
>I see no harm in recommending the issuance of a similarly-worded ICANN Advisory.
>
>
>--- On Mon, 6/6/11, Avri Doria <avri at ella.com> wrote:
>
>> From: Avri Doria <avri at ella.com>
>> Subject: Re: [NA-Discuss] Pre-registrations
>> To: "NARALO Discussion List" <na-discuss at atlarge-lists.icann.org>
>> Date: Monday, June 6, 2011, 2:04 PM
>> Hi,
>> 
>> I guess I do not understand why they are harmful in and of
>> themselves.
>> 
>> Certainly if they are false advertising in any way, that is
>> an issue.  But if they are an investment method or come
>> with a money-back guarantee, I do not understand the public
>> harm as long as they are sold with an appropriate
>> description.
>> 
>> a.
>> 
>> 
>> 
>> On 6 Jun 2011, at 13:10, Beau Brendler wrote:
>> 
>> > Eric B-W wrote:
>> > 
>> > "offers of "pre-registration" by non-parties to
>> registry
>> > application projects are contrary to the public
>> interest, and may harm the
>> > targeted registry application projects, for which they
>> have private redress."
>> > 
>> > After three years in ALAC, I don't recall this topic
>> coming up, or the ALAC making a statement on it.
>> > 
>> > I would support drafting a statement that
>> pre-registrations in this mode are contrary to public
>> interest -- though as chair I don't want to step forward and
>> do that without some discussion and consensus.
>> > 
>> > 
>> > -----Original Message-----
>> >> From: ebw at abenaki.wabanaki.net
>> >> Sent: Jun 6, 2011 9:50 AM
>> >> To: dannyyounger at yahoo.com
>> >> Cc: na-discuss at atlarge-lists.icann.org
>> >> Subject: Re: [NA-Discuss] Pre-registrations
>> >> 
>> >> Danny, 
>> >> 
>> >> I do not know if the ALAC offered advice to the
>> Board on the subject at
>> >> some prior point in time.
>> >> 
>> >> Similarly, I do not know if the ALAC has offered
>> advice to the FTC or any
>> >> other agency of a political jurisdiction on the
>> subject at some prior point
>> >> in time.
>> >> 
>> >> If so, then I suppose that the ALAC advice can be
>> checked for currency and
>> >> either updated and referenced, or if current,
>> simply referenced again.
>> >> 
>> >> Application projects like the 2004 Catalan
>> project, or the 2000 Cooperatives
>> >> project, should engage in communications to their
>> prospective communities,
>> >> as the default, the current situation, and still a
>> problem for cooperatives,
>> >> is that no practical alternative exists to
>> Verisign's for-profit "com" label.
>> >> 
>> >> How close pre-application communications offering
>> pre-service information,
>> >> and of necessity, to meet the ICANN direct fee and
>> additional costs which
>> >> are identified in the current DAG, also
>> solliciting participation, whether
>> >> unconditional, or in exchange for some current
>> value, or expectation, can
>> >> come to "pre-registration" of a hypothetical, I
>> can't speculate upon.
>> >> 
>> >> The United Domains campaign is clearly not an
>> instance of a single application
>> >> project, or a cooperating group such as ECLID
>> (Scotland, Wales, Brittany,
>> >> Galacia, and the Autonomous Basque Region)
>> communicating to their respective
>> >> communities.
>> >> 
>> >> I'm not optimistic concerning ICANN's current CEO
>> instructing staff counsel
>> >> to make a determination that "pre-registration"
>> volates the current registrar
>> >> contract, but I think offers of "pre-registration"
>> by non-parties to registry
>> >> application projects are contrary to the public
>> interest, and may harm the
>> >> targeted registry application projects, for which
>> they have private redress.
>> >> 
>> >> Eric
>> >> ------
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>> >> 
>> >> Visit the NARALO online at http://www.naralo.org
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>> > 
>> > ------
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>> > 
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>> > ------
>> > 
>> 
>> 
>> 
>> ------
>> Pick your poison: Kool-Aid or Hemlock!
>> 
>> 
>> 
>> 
>> 
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>
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