[At-Large] Fwd: Request to have a Fast Track PDP initiated

[Alan Greenberg]

I have forwarded this message to the At-Large list because I think it should
be considered by a wider audience than just North America. In case the
Cyrillic characters do not make it through, the TLD that is being referred
to is the new IDN .RU.

My reply follows.

Alan

---------- Forwarded message ----------
From: Danny Younger <dannyyounger at yahoo.com>
To: "na-discuss at atlarge-lists.icann.org" <na-discuss at atlarge-lists.icann.org
>
CC: "discuss at lists.isoc-ny.org" <discuss at lists.isoc-ny.org>
Date: Mon, 29 Nov 2010 22:09:37 -0500
Subject: [NA-Discuss] Request to have a Fast Track PDP initiated

Dear all,

Events that have transpired in the last few days attendant to the launch of
.рф have made it clear to me that although we can't deal with the troubling
issues that may arise with TLD launches in the ccTLD world, we do have the
ability to act to protect the public interest within the gTLD sphere by way
of a policy that would govern speculation in domain names by registrars.

By way of background, in the recent .рф ccTLD launch an ICANN accredited
registrar, RU-Center, decided to register domain names in its own name on a
priority basis and only then did it register other domain names.
Approximately 24,500 premium domains registered to RU-Center were then put
up for auction. The Russian Federal Antimonopoly Service (FAS) then stepped
in, shut down the auctions and accused a number of registrars of collusion.

What can we learn from this?  Simply put... greed in the new TLD launch
process can lead to abuse of the public trust, and measures need to be in
place to ensure that the public is protected from the ICANN-accredited
registrar community.

In our gTLD world, there is at the moment no ICANN policy whatsoever
governing speculation in, or warehousing of, domains by registrars.
Registrars are able to game the system to their own ends however they see
fit; this has to change.

The current RAA (section 3.7.9) states:  "Registrar shall abide by any ICANN
adopted specifications or policies prohibiting or restricting warehousing of
or speculation in domain names by registrars".

As there is no such policy or specification, I suggest that we initiate a
PDP to have such a policy created, namely a policy that would state:

"No registrar, registrar affiliate, or reseller of registrar services shall
engage in warehousing of or speculation in domain names."

While I understand that the GNSO soon will broadly be looking at proposed
amendments for the RAA, we all know that the GNSO process (if spread over
the entirety of the RAA proposed amendments) can take years to arrive at a
recommendation... yet with the imminent roll-out of hundreds of new gTLDs,
we just don't have the luxury of waiting that long.

In my view, what is called for is a Fast Track PDP approach that would focus
on a single policy recommendation that could be put in place before any new
gTLD is launched.

I would ask the NARALO to bring this matter to the immediate attention of
the ALAC.

Thanks for your consideration of this issue.

Danny Younger