Subject: GA-DIGEST V1 #647
From: [email-masked] (GA-DIGEST)
To: [email-masked]

GA-DIGEST            Monday, August 6 2001            Volume 01 : Number 647

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Date: Sat, 4 Aug 2001 14:56:31 EDT
From: [email-masked]
Subject: [ga] Voice of the Public

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The recently posted agenda for the 9 September Public Forum in Montevideo 
includes the topic "
Issues and process for evaluation of new TLDs".

You may wish to take note of this comment posted to ICANN's off-topic forum 
that raises some legitimate concerns:   

"Greetings ICANN Community,

Following is the text of a news story I have written and attempted to publish 
in the news media, but because Afilias has shut down their WHOIS service, the 
facts cannot be verified at this time by the news publishers.  Story follows:   
    
The much anticipated launch of ".INFO", the first of seven new ICANN-approved 
gTLDs to augment the availability of ".com" and ".net" domain names, got 
underway on August 1st when Afilias (http://www.afilias.info) , the registrar 
awarded management of the .info gTLD, began its "Sunrise" advance 
registration for trademark-holders worldwide.  The first round Sunrise 
registrations were awarded by lottery among customer entries submitted 
earlier through dozens of retail domain registrars, and the results were 
posted late yesterday on the Afilias website (http://www.afilias.info) 
through their WHOIS lookup.

But the .info launch is permeated with fraudulent registrations by trademark 
imposters, and despite Afilias' preparations for the launch, no steps have 
been taken to prevent trademark fraud by Sunrise registrants.  According to 
registration requirements posted on both the Afilias website 
(http://www.afilias.info/faq/ip-owners.html) and the ICANN website 
(http://www.icann.org/tlds/agreements/info/registry-agmt-appj-11may01.htm) 
each Sunrise registration must be for a domain name exactly matching the 
trademark name, registered in the national trademark registry of a recognized 
country, registered before October 2, 2000.  But the Sunrise registrations 
for such notable domain names as "china.info", "japan.info", 
"australia.info", "cruises.info", "rice.info" and "taxes.info" indicate 
trademark names having no similarity to the domain name, and in one case the 
trademark is simply "unknown".

Domain names such as "lasvegas.info" were registered with trademark numbers 
that simply do not exist in the U.S. Trademark online database, strongly 
indicating their questionable authenticity. Patrick Nobriga registered the 
Sunrise domain names "Reno.info", "LosAngeles.info", "chicken.info" and 
"beef.info" all using the same trademark number "137636599", which does not 
exist in the U.S. Trademark online database. Patrick also successfully 
registered the Sunrise domain name "news.info" using the trademark number 
"123456789". Should we look that one up too?

Sunrise registrations such as "taxes.info", "Japan.info", and "China.info" 
have trademark dates later than October 2, 2000 (the "taxes.info" trademark 
submittal indicates a date just last week, July 27, 2001).  Yet these domains 
were accepted and processed in the Afilias Sunrise registration without 
question."Employment.info" and "Hotels.info" were both registered using the 
same Israel-issued trademark number 153278563 during the Sunrise period to 
Cass Foster of Communigal Communications.  Nice domain names; but which one, 
if any, is the real Israeli trademark 153278563?And the enterprising Stephen 
Rumney of World Information Services has entered authentic-looking Egyptian 
trademark numbers for "Asia.info", "Jobs.info", "Loans.info", and 
"Sports.info", but the trademark names are "asiainfo", "jobsinfo", 
"loansinfo", and "sportsinfo" which should have resulted in the domain names 
"AsiaInfo.info", "JobsInfo.info" etc.

Despite years of planning by ICANN, and  months of contract negotiations 
between ICANN and Afilias, extensive public relations by Afilias, and 
extensive certification processes for .info authorized registrars, Afilias' 
disregard for obviously fraudulent trademark submissions during the Sunrise 
period has prevented tens of thousands of legitimate customers from competing 
for non-trademarked domain names during the public registration periods that 
will not open until September 2001.  Now that these important domain names 
have been fraudulently awarded during the Sunrise registration they are no 
longer available for legitimate customers until after a lengthy and costly 
"Sunrise Challenge" process or through legal action in the courts.

Perhaps disgruntled domain name customers could visit www.attorneys.info to 
find an attorney who might file a class-action lawsuit, but...ooops!  The 
domain name "attorneys.info" was registered during the Sunrise period to 
Gregory Carbonaro using U.S. Trademark No. 2469675, and  according to the 
U.S. Patent Office online database at http://www.uspto.gov the U.S. Trademark 
2469675 was issued in July 2001 to the Dairy Farmers of America for a form of 
dried skim milk trademarked "Savortex"; not "Attorneys".  

http://forum.icann.org/cgi-bin/rpgmessage.cgi?offtopic;3B6B40BD0000070B

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<HTML><FONT FACE=arial,helvetica><FONT  SIZE=3>The recently posted agenda for the 9 September Public Forum in Montevideo 
<BR>includes the topic "
<BR>Issues and process for evaluation of new TLDs".
<BR>
<BR>You may wish to take note of this comment posted to ICANN's off-topic forum 
<BR>that raises some legitimate concerns:   
<BR>
<BR>"Greetings ICANN Community,
<BR>
<BR>Following is the text of a news story I have written and attempted to publish 
<BR>in the news media, but because Afilias has shut down their WHOIS service, the 
<BR>facts cannot be verified at this time by the news publishers. &nbsp;Story follows:   
<BR>    
<BR>The much anticipated launch of ".INFO", the first of seven new ICANN-approved 
<BR>gTLDs to augment the availability of ".com" and ".net" domain names, got 
<BR>underway on August 1st when Afilias (http://www.afilias.info) , the registrar 
<BR>awarded management of the .info gTLD, began its "Sunrise" advance 
<BR>registration for trademark-holders worldwide. &nbsp;The first round Sunrise 
<BR>registrations were awarded by lottery among customer entries submitted 
<BR>earlier through dozens of retail domain registrars, and the results were 
<BR>posted late yesterday on the Afilias website (http://www.afilias.info) 
<BR>through their WHOIS lookup.
<BR>
<BR>But the .info launch is permeated with fraudulent registrations by trademark 
<BR>imposters, and despite Afilias' preparations for the launch, no steps have 
<BR>been taken to prevent trademark fraud by Sunrise registrants. &nbsp;According to 
<BR>registration requirements posted on both the Afilias website 
<BR>(http://www.afilias.info/faq/ip-owners.html) and the ICANN website 
<BR>(http://www.icann.org/tlds/agreements/info/registry-agmt-appj-11may01.htm) 
<BR>each Sunrise registration must be for a domain name exactly matching the 
<BR>trademark name, registered in the national trademark registry of a recognized 
<BR>country, registered before October 2, 2000. &nbsp;But the Sunrise registrations 
<BR>for such notable domain names as "china.info", "japan.info", 
<BR>"australia.info", "cruises.info", "rice.info" and "taxes.info" indicate 
<BR>trademark names having no similarity to the domain name, and in one case the 
<BR>trademark is simply "unknown".
<BR>
<BR>Domain names such as "lasvegas.info" were registered with trademark numbers 
<BR>that simply do not exist in the U.S. Trademark online database, strongly 
<BR>indicating their questionable authenticity. Patrick Nobriga registered the 
<BR>Sunrise domain names "Reno.info", "LosAngeles.info", "chicken.info" and 
<BR>"beef.info" all using the same trademark number "137636599", which does not 
<BR>exist in the U.S. Trademark online database. Patrick also successfully 
<BR>registered the Sunrise domain name "news.info" using the trademark number 
<BR>"123456789". Should we look that one up too?
<BR>
<BR>Sunrise registrations such as "taxes.info", "Japan.info", and "China.info" 
<BR>have trademark dates later than October 2, 2000 (the "taxes.info" trademark 
<BR>submittal indicates a date just last week, July 27, 2001). &nbsp;Yet these domains 
<BR>were accepted and processed in the Afilias Sunrise registration without 
<BR>question."Employment.info" and "Hotels.info" were both registered using the 
<BR>same Israel-issued trademark number 153278563 during the Sunrise period to 
<BR>Cass Foster of Communigal Communications. &nbsp;Nice domain names; but which one, 
<BR>if any, is the real Israeli trademark 153278563?And the enterprising Stephen 
<BR>Rumney of World Information Services has entered authentic-looking Egyptian 
<BR>trademark numbers for "Asia.info", "Jobs.info", "Loans.info", and 
<BR>"Sports.info", but the trademark names are "asiainfo", "jobsinfo", 
<BR>"loansinfo", and "sportsinfo" which should have resulted in the domain names 
<BR>"AsiaInfo.info", "JobsInfo.info" etc.
<BR>
<BR>Despite years of planning by ICANN, and &nbsp;months of contract negotiations 
<BR>between ICANN and Afilias, extensive public relations by Afilias, and 
<BR>extensive certification processes for .info authorized registrars, Afilias' 
<BR>disregard for obviously fraudulent trademark submissions during the Sunrise 
<BR>period has prevented tens of thousands of legitimate customers from competing 
<BR>for non-trademarked domain names during the public registration periods that 
<BR>will not open until September 2001. &nbsp;Now that these important domain names 
<BR>have been fraudulently awarded during the Sunrise registration they are no 
<BR>longer available for legitimate customers until after a lengthy and costly 
<BR>"Sunrise Challenge" process or through legal action in the courts.
<BR>
<BR>Perhaps disgruntled domain name customers could visit www.attorneys.info to 
<BR>find an attorney who might file a class-action lawsuit, but...ooops! &nbsp;The 
<BR>domain name "attorneys.info" was registered during the Sunrise period to 
<BR>Gregory Carbonaro using U.S. Trademark No. 2469675, and &nbsp;according to the 
<BR>U.S. Patent Office online database at http://www.uspto.gov the U.S. Trademark 
<BR>2469675 was issued in July 2001 to the Dairy Farmers of America for a form of 
<BR>dried skim milk trademarked "Savortex"; not "Attorneys". &nbsp;
<BR>
<BR>http://forum.icann.org/cgi-bin/rpgmessage.cgi?offtopic;3B6B40BD0000070B
<BR>    
<BR>    
<BR>
<BR>
<BR>
<BR></FONT></HTML>

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

Date: Sat, 04 Aug 2001 14:58:28 -0400
From: Sotiris Sotiropoulos <[email-masked]>
Subject: Re: [ga] Consumer/Registrant Protection Consitituency

> --- Sotiris Sotiropoulos <[email-masked]>
> wrote:
> > > >A rough blanket statement of the broad objectives
> > of the Individual Registrants
> > > >Constituency (IRC) might be as follows:
> > > >
> > > >"Mission:  To effect and ensure the recognition,
> > representation, and input of
> > > >Individual Registrants of Domain Names as bona
> > fide stakeholders in the Domain
> > > >Name System (DNS), through an established and
> > direct voice in all ICANN policy
> > > >formulation bodies and functions."

So far we have:

Myself (Sotiris Sotiropoulos)
Joop Teernstra
David Farrar
Joanna Lane
Eric Dierker
Jason Graf

Anybody else?

Sincerely,

Sotiris Sotiropoulos

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

Date: Sun, 5 Aug 2001 02:00:32 +0200 (CEST)
From: Marc Schneiders <[email-masked]>
Subject: [ga] Expired domain not deleted after a year!

Below an expired domain, that should have been deleted nearly a year
ago (5 July 2000 plus 40 or so days). Why wasn't it? :-)

- -- 
[email-masked]

Whois Server Version 1.3

Domain names in the .com, .net, and .org domains can now be registered
with many different competing registrars. Go to http://www.internic.net
for detailed information.

   Domain Name: ROOT-SERVERS.NET
   Registrar: NETWORK SOLUTIONS, INC.
   Whois Server: whois.networksolutions.com
   Referral URL: http://www.networksolutions.com
   Name Server: A.ROOT-SERVERS.NET
   Name Server: F.ROOT-SERVERS.NET
   Name Server: J.ROOT-SERVERS.NET
   Name Server: K.ROOT-SERVERS.NET
   Updated Date: 04-jul-2001

>>> Last update of whois database: Sat, 4 Aug 2001 02:04:54 EDT <<<

The Registry database contains ONLY .COM, .NET, .ORG, .EDU domains and
Registrars.

The Data in Network Solutions' WHOIS database is provided by Network
Solutions for information purposes, and to assist persons in obtaining
information about or related to a domain name registration record.
Network Solutions does not guarantee its accuracy.  By submitting a
WHOIS query, you agree that you will use this Data only for lawful
purposes and that, under no circumstances will you use this Data to:
(1) allow, enable, or otherwise support the transmission of mass
unsolicited, commercial advertising or solicitations via e-mail
(spam); or  (2) enable high volume, automated, electronic processes
that apply to Network Solutions (or its systems).  Network Solutions
reserves the right to modify these terms at any time.  By submitting
this query, you agree to abide by this policy.

Registrant:
Root Name Servers (ROOT-SERVERS-DOM)
   VeriSign Global Registry Services
   505 Huntmar Park Drive
   Herndon, VA 20170-5142
   US

   Domain Name: ROOT-SERVERS.NET

   Administrative Contact:
      Internet Assigned Numbers Authority  (IANA)  [email-masked]
      4676 Admiralty Way, Suite 330
      Marina del Rey, CA 90292
      US
      310-823-9358
      Fax- 310-823-8649
   Technical Contact:
      VeriSign Global Registry Services  (REGISTRY)  [email-masked]
      a division of VeriSign
      505 Huntmar Park Drive
      Herndon, VA 20170-5142
      US
      703-742-0400
      Fax - 703-742-5427
   Billing Contact:
      idNames, Accounting  (IA90-ORG)  [email-masked]
      idNames from Network Solutions, Inc
      440 Benmar
      Suite #3325
      Houston, TX 77060
      US
      703-742-4777
      Fax- - 281-447-1160

   Record last updated on 15-Mar-2001.
   Record expires on 05-Jul-2000.
   Record created on 04-Jul-1995.
   Database last updated on 4-Aug-2001 05:11:00 EDT.

   Domain servers in listed order:

   A.ROOT-SERVERS.NET		198.41.0.4
   F.ROOT-SERVERS.NET		192.5.5.241
   J.ROOT-SERVERS.NET		198.41.0.10
   K.ROOT-SERVERS.NET		193.0.14.129

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

Date: Sun, 5 Aug 2001 12:22:20 EDT
From: [email-masked]
Subject: [ga] NC Proposal for an Individuals' Constituency

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Dear Names Council representative,

This is a reminder that the General Assembly has already resolved to express 
its support for the immediate acknowledgement of an Individuals' 
Constituency.  This sentiment has been expressed over and over again, and we 
are waiting for the Council to take action.  

The ICANN Board in Stockholm declared, "Proposal should come through the NC. 
We would entertain any reasonable proposal in accordance with Bylaws."  
http://cyber.law.harvard.edu/icann/stockholm/archive/scribe-bod-060401.html 

The preliminary agenda for the 9 September Public Forum requires the Names 
Council to report on status of DNSO review.   We are expecting you to have a 
proposal ready which will allow for the creation of such a constituency.  
This should be your highest priority, and we have waited far too long already.

At this time we are asking you to declare whether you (on behalf of your 
respective constituency) will support this goal and quickly see it through to 
fruition.   

We look forward to your reply on this matter.

Best regards,
Danny Younger

    

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<HTML><FONT FACE=arial,helvetica><FONT  SIZE=3>Dear Names Council representative,
<BR>
<BR>This is a reminder that the General Assembly has already resolved to express 
<BR>its support for the immediate acknowledgement of an Individuals' 
<BR>Constituency. &nbsp;This sentiment has been expressed over and over again, and we 
<BR>are waiting for the Council to take action. &nbsp;
<BR>
<BR>The ICANN Board in Stockholm declared, "Proposal should come through the NC. 
<BR>We would entertain any reasonable proposal in accordance with Bylaws." &nbsp;
<BR>http://cyber.law.harvard.edu/icann/stockholm/archive/scribe-bod-060401.html 
<BR>
<BR>The preliminary agenda for the 9 September Public Forum requires the Names 
<BR>Council to report on status of DNSO review. &nbsp;&nbsp;We are expecting you to have a 
<BR>proposal ready which will allow for the creation of such a constituency. &nbsp;
<BR>This should be your highest priority, and we have waited far too long already.
<BR>
<BR>At this time we are asking you to declare whether you (on behalf of your 
<BR>respective constituency) will support this goal and quickly see it through to 
<BR>fruition. &nbsp;&nbsp;
<BR>
<BR>We look forward to your reply on this matter.
<BR>
<BR>Best regards,
<BR>Danny Younger
<BR>
<BR>    
<BR></FONT><FONT  COLOR="#000000" SIZE=2 FAMILY="SANSSERIF" FACE="Arial" LANG="0">
<BR></FONT><FONT  COLOR="#000000" SIZE=3 FAMILY="SANSSERIF" FACE="Arial" LANG="0">    
<BR>
<BR>
<BR></FONT></HTML>

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

Date: Sun, 5 Aug 2001 19:59:46 -0400 (EDT)
From: James Love <[email-masked]>
Subject: Re: [ga] Consumer/Registrant Protection Consitituency

Kent, your comment was pretty unfair, IMO.  The problem is the other way
around. ICANN itself has set out an agenda which is much more than
technical.  Why do we have a handful of TLDs?  Technical problems?   Why
do we have a UDRP?  Technical issues?   Why do we have anti-privacy
policies?  Technical issues?  When you make policy decisions, then
people care who has the power, and how they are selected.

   Jamie

On Tue, 31 Jul 2001, Kent Crispin wrote:

> On Wed, Aug 01, 2001 at 08:43:45PM -0700, William S. Lovell wrote:
> > Which puts you in the position of ratifying ICANN's claim to be
> > a policy making rather than a technical coordinating body, does
> > it not?
>
> It is a sad irony that those who most vociferously complain about ICANN
> exceeding its mandate as a technical coordinating body are precisely the
> ones who exert the most pressure for it to become a global internet
> governance organization, with large scale global elections and an
> elaborate representational structure that some have compared to the UN.
> It is a great pity that those individuals, some of whom are otherwise
> quite intelligent, are simply oblivious to the intrinsic contradiction
> in their position, and to the inevitable consequences of that
> contradiction...
>
>

- -- 
- --------------------------
James Love, Consumer Project on Technology, http://www.cptech.org
[email-masked], v. 1.202.387.8030, f 1.202.234.5176

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End of GA-DIGEST V1 #647
************************