[NA-Discuss] Pre-registrations

Carlton Samuels carlton.samuels at gmail.com
Mon Jun 6 23:48:52 UTC 2011


So let me see if I understand this.  The closest everyday thing I can relate
to is like waiting in line for how many hours - and overnight - at the Apple
store for release of that new Ipad.

Lessee. Some folks are promoting themselves as place holders in the line for
new gTLDs.  They are gambling on a few. If you agree for them to hold a
place for you, they will place an order on your behalf if and when the TLD
becomes available.

They say they will charge a fee IF and only IF the shop (the new TLD
registry) is opened  and IF by the time they get to the point for ordering,
the goods of interest (the domain name) is still available for purchase.

So far as we can tell, the offerers are not contracted parties in the
present ICANN context. And there is no evidence to suggest that they are
also prospective contracted parties.  Unless one or both attributes are
proved, it seems to me ICANN has no standing to regulate them.

If they players belong to either group, I believe this 'pre-registration'
gambit could be construed as prima facie evidence of an attempt to game they
system.  This would be enough for the ALAC to advise and for ICANN to take
punitive measures against the party.

Otherwise, I'm prepared to accept that like that wildebeest in the herd,
sometimes the predators will get a few weak ones.   And from the impressive
numbers already 'pre-registered', there appears to be good 'eatings' on the
ground.

In this context, I suspect that the ALAC might ruminate and motion ICANN to
be above reproach: issue a cya 'caveat emptor' kind of advisory.

Carlton Samuels
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Carlton A Samuels
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*Strategy, Planning, Governance, Assessment & Turnaround*
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