[NA-Discuss] Domain hijacking story

[Eric Brunner-Williams]

> Every domain name has a public interest aspect, just like every trademark
> does

Try that again. Every registered (in some jurisdiction) mark is
created through a process create by the public, but not ever string,
registered by a private party with a private party, in an arbitrary
location in some arbitrary namespace, compels a public interest.

This is equivalent to asserting that a roulette wheel selecting 63 or
fewer letters at random from the letters-digits-hyphen set, and
inserting each sequence in some manner in some form of temporary store
(we used to use HOSTFILES, and we may yet retire DNS) is somehow,
rises to a public interest.

You may want to add some useful qualifiers to "every".

It isn't very long ago that registration practices, not mere
registrations, were determined to be contrary to Consensus Policy, and
costs imposed that resulted in registrars being de-accredited and
their interest claim in domains transferred to third parties without
compensation.

> but admittedly, some
> domains have almost no public interest concern while others are
> overwhelmingly of a public interest.

Progress. At least we agree the public interest is not uniformly
distributed across all possible sequences of length greater than three
and less than sixty three generated over letters, digits and hyphen
(or more for those wanting more math joy).

The next step is to address the means of improving, if necessary, the
_contractual_ means of curing the alleged defect in transfer rules.

There is a real point to this. Whatever NA-DISCUS is, it isn't "lets
pretend", it is the only vehicle common to a regional element of a
ByLaws entity of a 501(c)(3) which is empowered by those ByLaws to
offer limited advice to the Board of the 501(c)(3).

Appealing to the law of the horse or the criminal code of X does not
illuminate.

Please try and make a case that some random punter complaining that he
lost his undisclosed secret magic bean -- or whatever his belief in
his awesome powers of string speculation are, rises to the level of
action by this body, and not for the reason I've offered earlier, that
the transfer process may not yet be as intended.

Eric Brunner-Williams
Eugene, Oregon