[NA-Discuss] fucked.nyc

Joly MacFie joly at punkcast.com
Fri Sep 21 16:41:13 UTC 2018

I see a decision has just come down that might affect this case, if Neustar
extends the same policy to ,nyc.


On Mon, Feb 20, 2017 at 11:09 PM, gbruen at knujon.com <gbruen at knujon.com>

> This does not surprise me
> On 2/20/17 6:10 PM, Joly MacFie wrote:
> ​I have just been contacted by the former registrant of fucked.nyc.
> He registered it via namecheap.com​ on March 3 2015 and renewed it
> earlier this week.
> On Feb 18 2017 he received a msg from Neustar informing him that it had
> been found non-compliant with the "Seven Word Policy" and deleted.
> Neustar advised him to contact his registrar for any refunds they might
> care to make.
> He contacted NameCheap who essentially said "Forgettaboutit'", despite him
> pointing out that at no time had he been notified about, or agreed to be
> bound by, any such policy.
> Here is NameCheap's response:
> *Recently, you contacted our Live Chat support regarding deletion
> offucked.nyc <http://fucked.nyc/>. Feel free to use chat ID XQR-359-35382
> for reference. We wanted to let you know, that we have forwarded a
> suggestion about special notices for .NYC domains to the corresponding
> team. We are really sorry that you faced such a situation and our replies
> were not so helpful. Different Registry companies can have different
> policies in regards of registration their domains and they usually reserve
> a right to change their requirements or delete domains which do not meet
> them. This does not happen often, still it is not possible to keep
> customers informed about all the Registry policies or their changes on a
> contant manner, to our regret. The amount you paid for the domain purchase
> was used to register/renew the domain at the .NYC Registry. However, the
> Registry still can delete domains without any refund if they do not meet
> their requirements. We are working on improving our performance and
> hopefully special messages on the site can help to avoid such situations in
> future. If you have questions or require assistance, feel free to contact
> us at any time.*
> ​The registrant did some further research and surmised that​ Neustar's
> vigilance could well be due to my Feb 6 letter
> <http://isoc-ny.org/misc/2017-02-06_isoc-ny_dotnyc.pdf> pointing out they
> were asleep at the wheel. It appeared to him the relevant page
> <http://www.ownit.nyc/restricted-reserved> had been hurriedly updated.
> Since, apparently he has other domains that might also be considered
> variants on the 7 words, he got back on to Neustar for some clarification,
> demanded to see a list. 'Guy' at Neustar support informed him that nothing
> of the like existed - that it was decided on case by case basis - and to
> add insult to injury sany deleted restricted names might, as policies
> change, be released and sold to the highest bidder without any recourse for
> the original registrant.
> Thus he writes
> *I have concluded that all of my .nyc domain names (more than 20) were
> registered without binding terms or a policy of any kind on behalf of
> Namecheap or Neustar / ownit.nyc <http://ownit.nyc/>, and I suspect that
> this is a case for a large percentage of sold .nyc domains. Yet my domain
> name was seized for a breach of policy, a policy I was never introduced to
> nor agreed to. If any of my other names are added to the list, they can
> seize it at any time, despite the fact that I've owned them for 2 years
> now. *
> *The greatest ethical concern I have is that an entity operating in this
> way reserves the right to put a domain name on the reserved/restricted list
> at any point in time, even if it was already sold and owned for 2 years. I
> was informed by "Guy" at Neustar support that there is a possibility
> reserved/restricted names will be released in the future, however they are
> released back to the public (they go back up for sale), not to the original
> owner. I have many .nyc domain names that appear as variations according to
> their list.*
> *Where is the oversight? Who is to prevent Neustar from seizing a domain
> name for a period of time, then conveniently releasing it later only to buy
> it themselves using an alias or through a third party?*
> <snip>
> *It just doesn't seem right. If Neustar was unable to properly inform name
> holders on policy creations, changes, and updates in the past 5 years on
> city tax dollars, I don't think they should operate for another second. It
> shouldn't take a committee to generate a "no", I think their shady track
> record in the past 5 years speaks for itself. And this being New York City,
> we deserve better.*
> ​I've responded to him, noting that 7 word policy is in the City's .nyc
> contract (appears to have been published April 1 2015​, and the .nyc
> Acceptable Use Policy (which doesn't mention that policy but says they can
> delete at will) has been public since July 2014. Caveat emptor. I noted
> that Neustar is obligated to file copies of Registrar Registry Agreements
> with the City, and he could FOIL it to see if NameCheap had met their
> obligations. I also opined that, in the unlikely event  Neustar were to
> resell a previously deleted name, they would be asking for trouble,
> However I think he rightfully raises the wider issue of the right of
> registrants to be properly informed of restrictive gTLD policies before
> they put their money on the line. Is there something like that in existing
> policy?
> And also, to possibly the wider amusement of schoolboys etc, maybe ICANN
> or somebody should perhaps maintain a definitive reference of unacceptable
> variants of the 7 words.
> ​joly
> --
> ---------------------------------------------------------------
> Joly MacFie  218 565 9365 Skype:punkcast
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> Garth Bruengbruen at knujon.com
> 617-947-3805http://www.knujon.com
> ICANN At-Large Advisory Council
> Author: WHOIS Running the Internethttp://www.wiley.com/WileyCDA/WileyTitle/productCd-1118679555.html
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Joly MacFie  218 565 9365 Skype:punkcast
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