At 5/12/04 8:23 AM, James M Woods wrote:

>The new rules were set to be released at the end of March (with the 
>understanding that registrars would have 90 days to implement) , but 
>ICANN has delayed the release of the new rules for reasons unknown. We 
>are eagerly awaiting for a new release date but have no line of sight 
>as to when this might be.
>
>The last note from ICANN regarding this topic can be found here : 
>http://www.icann.org/transfers/index.html

What a delightful letter from the honest folks at Network Solutions, who 
have only the registrant's interests at heart.

In particular, this paragraph demonstrates their sincerity:

>Let us be candid. The changes ICANN has adopted were aimed at breaking a 
>monopoly that no longer exists. I will not argue that the transfer policy 
>was abused at that time. However, the abuse today is coming from 
>fraudulent transfers, not from denials of transfers.

Well, yes, let us be candid. For example, let's look at the sentence "I 
will not argue that the transfer policy was abused at that time." This 
sounds an awful lot like "mistakes were made", as if someone else had 
abused the transfer policy -- but as it turns out, NSI was, and is, one 
of the biggest violators. Let's all recall how Verisign once sent notices 
resembling invoices to WHOIS contacts, just like Domain Registry of 
America:

  http://www.ftc.gov/opa/2003/09/networksolutions.htm

Just so it's perfectly clear, the deceptive practices that NSI is asking 
ICANN to protect them from are THE SAME DECEPTIVE PRACTICES THE FTC SAYS 
NSI USED THEMSELVES when it was to their advantage. This fact alone 
should eliminate their claim from being taken seriously.

That's just the best-documented example, of course; NSI has demonstrated 
plenty of other deceptive and misleading practices with regard to denying 
transfers that I know for a fact have been approved by the WHOIS admin 
contact. And they're still doing it: they don't provide AUTH codes for 
EPP transfers unless you call them, and then they won't send them to 
anyone but the private contact e-mail address that doesn't appear in 
WHOIS (the admin contact can't get them). Even an RRP transfer requires 
approval by both the admin contact (on the gaining side) AND the 
invisible private contact (on the losing side), which is apparently being 
done for no reason other than make it harder to approve legitimate 
transfers -- it means that the gaining registrar has no idea where the 
NSI approval messages are going, so you can't really help people who want 
to transfer and don't get the messages.

Perhaps their next sentence is more honest: "However, the abuse today is 
coming from fraudulent transfers, not from denials of transfers." Nope, 
guess not: that's a sack of utter crap. Denials of transfers are a far 
bigger problem than fraudulent transfers -- and almost the entire 
fraudulent transfer problem is now coming from Domain Registry of 
America, who can be trivially stopped if anyone at ICANN actually wishes 
to do anything about it.

To say this delay is discouraging is an understatement.

-- 
Robert L Mathews, Tiger Technologies      http://www.tigertech.net/

 "Ignorance more frequently begets confidence than does knowledge."
                                                           -- Darwin

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