Russ and all, Your example Russ is a good case in point that is tragically not provided for in this "Transfer Protocol" Recommendation adequately. It should also be noted that AOL, is one of the ICANN's "Test Bed" Registrars as well... Given that, it is not too difficult to extrapolate that abuses coming from some of the NEW Registrars would be prevalent. It is also not too difficult to imagine that this "Recommendation" overly favors the Registrar, but could cause problems for a potential Registrar from the Registrant whom may seek a temporary injunction blocking action upon that Registrants Domain in various ways. It is also not too difficult that this "Transfer Protocol" Recommendation inordinately favors the large IP/TM lobby vs the individual Domain Name holder. POINT OF NOTE AND INTEREST: INEGroup legal and judicial review staff is currently reviewing this recommendation and will provide further comment and suggestion within the week. A current counter and alternative legal strategy is also being worked up should this recommendation be unilaterally adopted by the DNSO or the ICANN (Initial?) Interim Board without DNSO GA and/or ICANN Membership approval before enactment... Russ Smith wrote: > Another problem that may arise is a registrar providing favoritism to the > company that initiated the dispute. > > In one recent case, AOLSEARCH.COM, Network Solutions apparently simply > transferred the domain name to AOL upon their request. There were a few > news stories about the incident: > http://news.com/News/Item/0,4,38419,00.html?st.ne.fd.mdh.ni > http://www.internetnews.com/bus-news/article/0,1087,3_143441,00.html > > Network Solutions claimed the domain was deleted because the owner provided > an incorrect address. However, the domain was not deleted, it was > transferred directly to AOL from the previous owner without permission. The > owner then posted the documents at her web site. AOL responded by blocking > access to the user's domain through the AOL system causing a loss to her > business and now she won't respond to inquiries. I am currently preparing a > bar complaint against the Arent Fox attorney involved in initiating the > transfer. > > Below is a prior message which includes the documentation about this matter. > My point is that this type of conflict of interest is only going to increase > as the number of registrars increases so there needs to be some safeguards > who oversee that any set of rules is followed in a uniform manner. > > Russ Smith > > ---------- > > The evidence is mounting against Network Solutions, America Online, and the > Arent Fox Law firm. From the evidence I have seen it looks like they > conspired to steal this domain. > > http://www.webmasterfx.com/aolsearch.htm is the page set up by the > previous owner of aolsearch.com. > > http://www.webmasterfx.com/morebullsht.htm includes a letter from Dave > Graves where he implied the domain was deleted because the address was > unreachable (something NSI has said over and over that it doesn't do and > says so at > http://www.networksolutions.com/help/general/dispute.html#name2] > > The smoking gun: below is a link to the MODIFICATION template. That's > right, a MODIFICATION. The only reasons I know of to process a mod are a > notarized Registrat Name Change Agreement (RNCA) or a court order. Note the > template was sent by the attorney at Arent Fox: > http://www.webmasterfx.com/internic.htm > > Original invoice http://www.webmasterfx.com/receipt.jpg > > Now look at the WHOIS record. It was modified and the old creation date is > still there. It was not new registration! > > Registrant: > America Online, Inc (AOLSEARCH-DOM) > 22000 AOL Way > Dulles, VA 20166 > US > > Domain Name: AOLSEARCH.COM > > Administrative Contact, Technical Contact, Zone Contact, Billing Contact: > AOL Domain Administration (AD3852-ORG) [EMAIL PROTECTED] > (703) 265-4670 > > Record last updated on 13-May-99. > Record created on 22-Jun-98. > Database last updated on 26-Jun-99 09:01:24 EDT. > > Domain servers in listed order: > > DNS-01.NS.AOL.COM 198.81.17.232 > DNS-02.NS.AOL.COM 205.188.157.232 > > Holy Toledo!! > > Russ Smith > http://consumer.net > > ------- > Dear Joan, > > This is very helpful. I will do my best to present it. > > I have sent to the pNC as follows (with model protocol attached): > > I attach for the purposes of discussion of agenda item 2b concerning the > registration or transfer of domain names subject to dispute resolution > proceedings, ... Regards, -- Jeffrey A. Williams Spokesman INEGroup (Over 95k members strong!) CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng. Information Network Eng. Group. INEG. INC. E-Mail [EMAIL PROTECTED] Contact Number: 972-447-1894 Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
