Subject: GA-DIGEST V1 #1411
From: [email-masked] (GA-DIGEST)
To: [email-masked]

GA-DIGEST         Saturday, September 7 2002         Volume 01 : Number 1411

----------------------------------------------------------------------

Date: Fri, 6 Sep 2002 11:34:22 -0400
From: "Miriam Sapiro" <[email-masked]>
Subject: [ga] Invitation re: US-EU Views on Cyberspace

I am chairing a lunch meeting sponsored by the American Society of
International Law next week, and I thought GA members in/near DC might find
it interesting.  The subject is "International Cyberspace:  Convergence or
Conflict?," with a focus on U.S. and EU views on the question.  Please join
us if you can, and RSVP directly to the Society (form below and attached).
Regards, Miriam

- ---------
Miriam Sapiro
Summit Strategies International, LLC
3048 Davenport St NW
Washington, DC 20008

Tel:     (202) 362-1909
Cell:    (202) 431-0635
Email: [email-masked]
- -----------

BEGIN TEXT:

[ASIL Letterhead]

2223 Massachusetts Avenue, NW       Washington, DC 20008-2864          (202)
939-6000       Fax (202) 797-7133

International Cyberspace:  Convergence or Conflict?

Miriam Sapiro
Principal
Summit Strategies International, LLC

Michel Combot
Telecommunications Attaché
Embassy of France

James Dempsey
Deputy Director
Center for Democracy and Technology

Thursday, September 12th, 2002
12:30 p.m. - 2:00 p.m.
The American Society of International Law
2223 Massachusetts Avenue, NW, Washington, DC 20008
Metro: Dupont Circle

This panel is open to the public and there is no admission charge.  Due to
limited space, please register by 5:00 pm, September 10th.

RSVP: by e-mail to [email-masked] or by fax to 202-797-7133, attn: Chris
Borgen. For more information contact the ASIL Services Group at
202-939-6000. A light lunch will be served.  No parking is available at the
event site.

Name:
____________________________________________________________________________
________

Organization:
____________________________________________________________________________
___

Address:
____________________________________________________________________________
_______

Phone: _______________________    Fax: _________________________    E-Mail:
_____________________

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------------------------------

Date: Fri, 6 Sep 2002 14:18:31 -0400
From: "John Berryhill Ph.D. J.D." <[email-masked]>
Subject: Re: [ga] YesNIC hoarding joesworld.com 

- ----- Original Message -----

> This is covered under 1.7 of the RAA...
>
> [...]
> Registry Database may be a Registered Name even though it does not
> appear in a zone file (e.g., a registered but inactive name).
>
> In this case, the whois appears to be inaccurate at the registrar ("No
> match for "joesworld.com") -

But that's the beauty of the game, Ross.  Note that a domain name under Sect.
1.7 of the RAA may be "registered but inactive".  Further note that the
obligation to provide whois data applies only to "active" registered domain
names.

Section 3.3.1:

3.3.1 At its expense, Registrar shall provide an interactive web page and a
port 43 Whois service providing free public query-based access to up-to-date
(i.e., updated at least daily) data concerning all active Registered Names
sponsored by Registrar for each TLD in which it is accredited.

Don't you see?  There is NOTHING wrong with what YesNIC is doing here.  As
long as the domain name is not an "active Registered Name", then they are
under no obligation to provide WHOIS data of any kind at all.

Section 1.7 says that you can have inactive registered names, and Section
3.3.1 says that you have to provide whois data for "active" registered names.
You can have as many inactive registered names with no whois data as you
would like.

If I'm missing something, then point to a specific term of the RAA that
YesNIC is violating.

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------------------------------

Date: Fri, 6 Sep 2002 16:38:43 -0400
From: "Ross Wm. Rader" <[email-masked]>
Subject: RE: [ga] YesNIC hoarding joesworld.com 

Unh-huh. Nice catch. That puts you 2 for 2 this week - not bad for the
lawyer bird ;)

Note to everyone else: expect the utility of whois to decline
dramatically as this observation catches on. (assuming that the John's
interpretation is more correct than mine...)

                       -rwr

"There's a fine line between fishing and standing on the shore like an
idiot."
- - Steven Wright

Got Blog? http://www.byte.org/blog

Please review our ICANN Reform Proposal:
http://www.byte.org/heathrow

 

> -----Original Message-----
> From: [email-masked] [mailto:[email-masked]] On Behalf 
> Of John Berryhill Ph.D. J.D.
> Sent: Friday, September 06, 2002 2:19 PM
> To: [email-masked]; 'Abraham Ingersoll'; [email-masked]
> Subject: Re: [ga] YesNIC hoarding joesworld.com 
> 
> 
> 
> ----- Original Message -----
> 
> > This is covered under 1.7 of the RAA...
> >
> > [...]
> > Registry Database may be a Registered Name even though it does not 
> > appear in a zone file (e.g., a registered but inactive name).
> >
> > In this case, the whois appears to be inaccurate at the 
> registrar ("No 
> > match for "joesworld.com") -
> 
> But that's the beauty of the game, Ross.  Note that a domain 
> name under Sect. 1.7 of the RAA may be "registered but 
> inactive".  Further note that the obligation to provide whois 
> data applies only to "active" registered domain names.
> 
> Section 3.3.1:
> 
> 3.3.1 At its expense, Registrar shall provide an interactive 
> web page and a port 43 Whois service providing free public 
> query-based access to up-to-date (i.e., updated at least 
> daily) data concerning all active Registered Names sponsored 
> by Registrar for each TLD in which it is accredited.
> 
> Don't you see?  There is NOTHING wrong with what YesNIC is 
> doing here.  As long as the domain name is not an "active 
> Registered Name", then they are under no obligation to 
> provide WHOIS data of any kind at all.
> 
> Section 1.7 says that you can have inactive registered names, 
> and Section 3.3.1 says that you have to provide whois data 
> for "active" registered names. You can have as many inactive 
> registered names with no whois data as you would like.
> 
> If I'm missing something, then point to a specific term of 
> the RAA that YesNIC is violating.
> 
> 
> 
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> Send mail to [email-masked] to unsubscribe
> ("unsubscribe ga" in the body of the message).
> Archives at http://www.dnso.org/archives.html
> 

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------------------------------

Date: Fri, 6 Sep 2002 21:46:35 -0400
From: "John Berryhill" <[email-masked]>
Subject: RE: [ga] YesNIC hoarding joesworld.com

> John Berryhill writes:
>
> "But that's the beauty of the game, Ross."
>
> This would seem to suggest that the creation of an abundant number of
> distinct accredited parties to compete for the artificially limited number
> of second level domains was for the purpose of speculation.

It was merely a reflection of my unending wonder at human creativity.  Given
a piece of sloppy contract drafting, it is amazing what people can come up
with.  But, maybe I'm wrong, maybe someone slipped that odd "active"
limitation on domain names for which whois data is required, for some other
reason not immediately apparent.

One can marvel at the beauty of an ant, but it is still an icky bug.

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------------------------------

Date: Sat, 07 Sep 2002 13:19:38 +0200
From: Vittorio Bertola <[email-masked]>
Subject: Re: [ga] YesNIC hoarding joesworld.com

Well - if this, as it seems, is really a bug about the WHOIS clauses
in the Registrar Agreement, I think the WHOIS Task Force should
definitely propose a patch to it in its final report.

On Fri, 6 Sep 2002 21:46:35 -0400, you wrote:

>
>> John Berryhill writes:
>>
>> "But that's the beauty of the game, Ross."
>>
>> This would seem to suggest that the creation of an abundant number of
>> distinct accredited parties to compete for the artificially limited number
>> of second level domains was for the purpose of speculation.
>
>It was merely a reflection of my unending wonder at human creativity.  Given
>a piece of sloppy contract drafting, it is amazing what people can come up
>with.  But, maybe I'm wrong, maybe someone slipped that odd "active"
>limitation on domain names for which whois data is required, for some other
>reason not immediately apparent.
>
>One can marvel at the beauty of an ant, but it is still an icky bug.

- -- 
vb.               [Vittorio Bertola - v.bertola [a] bertola.eu.org]<------
- ----------------------> http://bertola.eu.org/ <--------------------------
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------------------------------

Date: Sat, 7 Sep 2002 20:35:22 +0200 (CEST)
From: Marc Schneiders <[email-masked]>
Subject: Re: [ga] YesNIC hoarding joesworld.com

On Sat, 7 Sep 2002, at 13:19 [=GMT+0200], Vittorio Bertola wrote:

> Well - if this, as it seems, is really a bug about the WHOIS clauses
> in the Registrar Agreement, I think the WHOIS Task Force should
> definitely propose a patch to it in its final report.

Why? How can an unused domain do any damage/crime? If you have a car and
hide it in your garage, you don't need license plates. You cannot hurt
anybody with it, nor evade road tax.

Trademark lawyers can always go after the registrant through the UDRP,
which in its procedure contacts the registrar to check the details anyway.
They cannot easily find the details of the registrant of joesworld.com and
send her a cease and desist letter. Bad luck for them.

- -- 
[email-masked]
- - - - - - - - - - - - - - - - - - -
http://marc.schneiders.org/
- - - - - - - - - - - - - - - - - - -
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Love, like you've never been hurt;
And dance, like no one's watching.
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------------------------------

End of GA-DIGEST V1 #1411
*************************