Home / Blogs

Anti-Consumer ICANN Can Not be Trusted To Protect Domain Registrants' Property Interests

Frederick Harris

Domain name registrants who purchase a name in any of the present or pending generic (gTLD) top level domains should think twice before entrusting a domain name property interest to ICANN, even though ICANN levies a money tariff on each domain registration. ICANN has no policy language that indemnifies domain name registrants. ICANN language does not even contemplate the possibility of domain theft by an ICANN registrar. When a domain name is stolen from its registrant, especially when the domain has been ripped off by an ICANN-accredited registrar, ICANN will do nothing to protect the purchaser or punish the identifiable party responsible for the domain ripoff.

Arguably, ICANN has a duty as the regulatory apparatus that governs ICANN-accredited registrars to protect consumers. More than 100 million domain names have been registered to date in the dot-com TLD. To my knowledge, no one knows how many names have been stolen or how many registrants have been ignored to date by ICANN. Multiply a hundred million dot-com names by hundreds of pending gTLD applicants and a serious consumer problem obtains. Therefore, U.S.-based registries (and related registrars) ought to think about that because they can and will directly be sued for domain theft and conversion under U.S. law. In the present instance, ICANN did nothing to protect the registrant where any reasonable party will conclude that domain name theft occurred; the theft was brought to ICANN's attention; more than adequate proof was provided as to what happened to the domain name as well as the identity of those who may have been responsible, whole or in part. ICANN dismissed the complaint. It ignored the evidence. It did nothing to hold anyone accountable. Judge for yourself. The related 31 pages of documents can be viewed here

Follow CircleID on
Related topics: Domain Names, ICANN, Law
SHARE THIS POST

If you are pressed for time ...

... this is for you. More and more professionals are choosing to publish critical posts on CircleID from all corners of the Internet industry. If you find it hard to keep up daily, consider subscribing to our weekly digest. We will provide you a convenient summary report once a week sent directly to your inbox. It's a quick and easy read.

I make a point of reading CircleID. There is no getting around the utility of knowing what thoughtful people are thinking and saying about our industry.

Vinton Cerf, Co-designer of the TCP/IP Protocols & the Architecture of the Internet

Share your comments

Crime and Punishment Glenn McKnight  –  Nov 17, 2013 11:14 AM PDT

The article isn't new and its been an ongoing saga feeling alot like a Twilight Zone.  A constant refrain that the problem either doesn't exist or we are dealing with it. 

ICANN needs to be upfront in the number of complaints and what has been resolved

Maguy Serad and her team provided information on how they are dealing with this issue.  A compliance session is scheduled in BA, Argentina on Wednesday morning at 8 30 in the Golden Horn room

To post comments, please login or create an account.

Related

Topics

Cybersecurity

Sponsored byVerisign

IP Addressing

Sponsored byAvenue4 LLC

DNS Security

Sponsored byAfilias

Whois

Sponsored byWhoisXML API

New TLDs

Sponsored byAfilias

Domain Names

Sponsored byVerisign

Cybercrime

Sponsored byThreat Intelligence Platform