Registrar Accreditation Agreement Process To be Reformed – Registrants Input Needed.

by Paul Levins on March 21, 2007

ICANN’s President and CEO, Dr Paul Twomey has called for major review of ICANN’s Registrar Accreditation Agreements (RAA) and the Accreditation process. He made the following statement and posed some questions.

“What has happened to registrants with RegisterFly.com has made it clear there must be comprehensive review of the registrar accreditation process and the content of the RAA” he said. “This is going to be a key debate at our Lisbon meeting scheduled for 26 – 30 March 2007. There must be clear decisions made on changes. As a community we cannot put this off.”

“ICANN introduced competition to the domain name market in 1998. Back then there was one registrar. There are now over 865. That’s a good thing because it has made domain names cheaper and offered more choice. But the RAA was designed and signed when the domain name market was much smaller. The market now supports about 70 million generic TLD names and is growing.” Twomey said.

“Registrants suffer most from weaknesses in the RAA and I want to make sure that ICANN’s accreditation process and our agreement gives us the ability to respond more strongly and flexibly in the future” he said.

Proxy registrations

“What is presently happening with RegisterFly makes it clear that there are also some problems with proxy registrations. Specifically, proxy registrations are available as a choice, but people who have them have great difficulties getting access to their data and having their domain name transferred where a registrar is uncooperative or has other problems with transfer. ICANN has had difficulty accessing this data too,” Twomey said.

“We need to expedite data escrow. There has been a long and detailed discussion and much interaction between ICANN staff and registrars on this issue. But we need to reach a conclusion. Recent events and the Lisbon meeting present that opportunity. There are resource implications and useage rules that need to be discussed among the ICANN community. I look forward to the continuing efforts and collaboration of registrars with ICANN in that regard ” he said.

“Registrants clearly want ICANN to have more capacity to access data on their behalf if there are significant problems with their registrar. There is a need for better enforcement mechanisms and an ability for ICANN to intervene more quickly if a registrar fails or is engaged in damaging business practice” he added.

“There’s also no way that registrants can measure the performance of registrars in any independent comparative way. That should be encouraged,” Twomey said.

“The vast majority of ICANN’s accredited registrars offer high levels of service and integrity. But as we have seen, there is the risk that poorly performing registrars can hurt registrants very significantly. If the domain name industry wants to remain community self –regulating as it has been until now we need to put in place further sensible and practical measures to protect registrants” he noted.

Discussion

Twomey said he would like to see the following issues included in any discussion:

  • Purpose of Register Accreditation Policy and Agreement
    • What is the primary purpose of the Registration Accreditation Agreement? Is it a compliance tool? If so how can it be strengthened to protect registrants?
  • Rating of Registrars
    • How should ICANN and/or the registrar constituency encourage a system that rates registrars according to customer service and performance and should this be available to registrants?
  • Affiliated Registrars / Group ownership
    • Affiliated registrars have common ownership or control. What is the best mechanism for ICANN to hold affiliated registrars accountable for an affiliate’s actions?
  • Additional compliance enforcement tools
    • Stronger compliance tools need to be included in any reform to the RAA. What are those tools? Do they encompass liquidated damages? Should registrars be able to be suspended more readily? Are there other options? What are the mechanisms that allow such options to be enforced quickly?
  • Transfer policy
    • What elements of the transfer policy need to be reformed? Should registrants have an alternative to their current registrar for the issuing of authcodes and the unlocking of them? Should ICANN or another entity be able to do this?
  • Registrar operator skill testing
    • How is it possible to assess registrar skills and to train registrars to a common standard of performance upon which registrants can rely?
  • Accreditation by purchase
    • It is possible for companies to ‘avoid’ accreditation application process by buying a registrar. How can abuse of this loophole be stopped?
  • Proxy registrations
    • There needs to be an examination of proxy registrations in light of difficulties faced in registrar data recovery. What is the balance between privacy and disclosure?
  • Reseller liability under RAA
    • What tools are needed to ensure better accountability by resellers to registrants?
  • Registrar data escrow
    • What data needs to be escrowed? If implementation needs to move faster, greater resource allocation is required. What level of resourcing is necessary?
  • Clarification of ICANN’s responsibilities and the options available to registrants
    • ICANN recently posted a guide for registrants on its website but additional consumer options (outside ICANN) should be identified for and provided to registrants. Is there a need for a new entity to assist customers and intervene on behalf of their concerns?

All ICANN stakeholders need to be involved in this debate. But in particular, registrars and registrants actively engaged in the discussion.

Many registrars will be present at Lisbon. But obviously many registrants affected by RegisterFLy will not be. We have established a remote participation site which means that you can participate there and can watch proceedings if you have access to broadband. Questions can be asked as well. While that is one way to provide input, it could also easily be overwhelmed.

So I would like to invite you to provide comments here. We will also look at establishing a comment forum and advise separately.

We really encourage you to provide us with constructive views.
Please don’t use this opportunity to make abusive comments.

As I have said before, we do completely appreciate how frustrating and difficult the RegisterFly situation has been and continues to be for very many people. But if we can get sensible, considered responses and input from registrants about your wants and needs, we stand a chance of improving things in the future.

{ 49 comments }

Kevin Murphy 03.21.07 at 6:08 pm

If you’re looking at reforming or codifying rules around registrant privacy services, it is imperative that you do so in a way that allows their continued existence.

These services are valuable.

Please do not allow the Registerfly debacle to become an excuse for intellectual property interests to strong-arm a ban on such services.

Tim G 03.21.07 at 6:13 pm

“Transfer policy

What elements of the transfer policy need to be reformed? Should registrants have an alternative to their current registrar for the issuing of authcodes and the unlocking of them? Should ICANN or another entity be able to do this?”

YES, YES, YES! There is far too high of conflict of interest if it is up to the registrar to allow an unlock. By the nature of the case, an unlock is for moving AWAY, and what registrar wants the client to do that? This absolutely needs to be performed through a third party, whether it be ICANN or at the level of the registries.

Furthermore, the info leading to that third party would preferably be a compulsory, easy to find item of information on the registrar’s site.

Andrew Melichar 03.21.07 at 9:20 pm

I think absolutely data escrow is something that needs serious scrutiny. As much as I hate to say it, too much trust is being instilled in registrars to safeguard their data – as we can see in the case of RegisterFly. As part of their troubleshooting process they lost several weeks of data.

I also believe that the TLD operators should have more power to intervene. Having a single point of failure (i.e. unable to renew domain names, unable to unlock, unable to obtain an authorization code) is never a good idea in any circumstance… but in the current organizational structure of ICANN and Registrars, that is exactly what we have. The TLD operators should have the authority to take over a domain name based on a certain set of criterion, allowing the owner of a domain name adequate recourse in the case of a dispute with their registrar.

Another area that need considerable attention is how domain name issues are disputed. I think that the RAA should include a clause, that in the event of a dispute from a domain owner, that the registrar should be required to provide not only current but historical data relevant to the actions that have been taken on that domain name, and the case of mismanagement on the part of the registrar, ICANN should have the authority to remove that domain name from the management of the registrar and reassign it to another registrar.

The domain name crisis is by far not limited to RegisterFly. Unethical processes have been happening for years – and it’s time that registrars understand it is no longer a free-for all.

After all, if ICANN can’t stop you from stealing domain names and money, who will?

basem 03.21.07 at 11:53 pm

i donot need the future now !!!!!!!!!!!!!!!!!!

when i make renew to may domain name with my registerfly company this domain with registerfly from 2004 and i make every year renew it success but this year tell me failure failure
But now registerfly give my domain to another owner after delete it
i make Backorder to follow up my domain with registerfly
problems but Registerfly company did not make it
and i have all documents frome registerfly copmany you can making sure this is my domain

i need my domain name now?????????????

Bigfoot 03.21.07 at 11:59 pm

[b]For my part, leaving a real e-mail address visible and a holding ‘real-estate’ address what is now needed for Privacy Services. Also, the ability to hide the Telephone number.
[/b]
As an International (read non-US) registrant it is highly unlikely a US company is going to phone me or send a snail-mail letter.

I’ve had many letters from a particular company offering to renew (about 3 months in advance of expiry) at 3x and 4x the going rate (Domain names of America and Domain names of Europe). The only place they could have found the details is by a whois search. That is the reason many wish to have a privacy service.

Bigfoot 03.22.07 at 12:03 am

Access to the ability to Lock and Unlock domain names and to change the Auth Codes is imperative after the Registerfly mess.

One way would be to send them with the ‘welcome’ e-mail to the registrant at the time of registration and at the time of each renewal.

The safest place for them to be is to be with ME!

If they’re mislaid then a long process can be introduced – but better a short one similar to the one we’re supposed to have now. It would be very unfortunate to both mislay the details and have the registrar be unco-operative.

elmister 03.22.07 at 1:52 am

registrars and resellers sometimes block customers from transfering away, auth codes were designed to protect the domain from theft, but they are also used to screw the registrant

Also, registrars like Godaddy has rules in their contracts against ICANN policys, for example, registrants can’t transfer away if made any change to whois info.

ICANN makes rules, but we, the registrants can’t enjoy them, registrars contracts avoid us from transfering away, or even from enjoying Redemption periods, because *our* domains are sold few days after the expiration, redemption period is my right, i want it available for me, not for my registrar to especulate with my domain (my traffic, my domain name)

bigfoot 03.22.07 at 3:13 am

ICANN need to make the RAA or what-ever contract they call it so that ICANN ‘rules’ aren’t curcumvented. Where a registrar and ICANN rules are incompatible, then ICANN rules should prevail.

danny 03.22.07 at 5:43 am

A stricter policy on registrants to resellers is needed, for one thing resellers should make it clear who the registrar actually is, sure you can find that out with whois but a lot of novices will not know that.
Also if they do not already, the registrants should pay into an insurance policy incase a fellow registrant goes out of business fast like RegisterFly seems to be on the verge of. In theory then the registrant will not be footing the bill.

Pete 03.22.07 at 7:43 am

QUOTE :

ICANN’s President and CEO, Dr Paul Twomey ….. made the following statement ….. “there must be comprehensive review of the registrar accreditation process”
————————————

that’s right, the good starting point would be :
do NOT accredit a reseller (i.e. RF) that have been a target of regular complains by their clients for a very long time

what were ICANN thinking when giving full accreditation to RF ?!
this was at the time ICANN already knew (by its own admission) about many of these problems.

it’s not a secret today (as all know the real reasons) that the only real motivation ICANN had to protect RF for so long, was the get all the money back that RF owed to ICANN at the time.

Paul Levins 03.22.07 at 7:47 am

This is wrong and has been demonstrated as such.

Paul Levins 03.22.07 at 7:49 am

Yours and Kevin’s are both excellent points and I appreciate the time taken to lodge them. What do you think is thte solution if any to the problems that havebeen experienced in the RegisterFly experience?

Paul Levins 03.22.07 at 7:50 am

Thanks for this.

Pete 03.22.07 at 8:01 am

“This is going to be a key debate at our Lisbon meeting”
————————————–

you know what, there should be just one thing to discuss at your meeting and that is to give the control of domain names back to registrants (the actual people who pay for the service, same people who pay for your business class tickets to fly to Lisbon).

your current policies were designed to give all the power to registrars and that’s the only thing that needs to be changed. we don’t care whether you fix weaknesses in your RAA. if i’m in control of my domain name (and not the registrar) then i don’t care how weak your RAA is, that’s your problem, not mine.

it’s not the registrar who needs to keep our authorization codes away from us, but instead it’s us (the registrants) who need to keep our own authorization codes for our own domain names away from registrars. but somehow ICANN in their wisdom decided it should be the other way around.

Paul Levins 03.22.07 at 8:02 am

Andrew

Useful points. Where should ICANN’s powers to intervene stop? Should it have very strong interventionist capacity via the RAA but only in an emergency? For that matter what constitutes an emergency? One complainant’s experience of a registrar can be very different to another’s. I’m also interested in a discussion around the diiference between what are essentially customer service issues and threats to name security.

Paul

Paul Levins 03.22.07 at 8:04 am

We are still very much trying to assist people like yourself with your problems with RegistFly. But we also have to have a discussion about what we are learning and what needs changing too

I will make sure this is passed on to Robert O’Neill at RFly.

Paul Levins 03.22.07 at 8:05 am

Thanks Bigfoot. From memory you have successfully transferred.

Paul Levins 03.22.07 at 8:08 am

I’m told authcodes were established to prevent name ‘poaching’ between registrars. So the idea is well intended. Clearly there needs to be some refinement of the implementation to achieve the aim without the law of unintended consequences intervening.

Paul Levins 03.22.07 at 8:08 am

Very interesting ideas. Thanks.

danny 03.22.07 at 8:15 am

Forgive my typo errors, it should of been “registrar to resellers” policy and “registrars pay into an insurance policy”

Thanks.

Paul Levins 03.22.07 at 8:15 am

This point is made above too (re authcodes). I would be interested to know what others think.

I wish there were just one thing to talk about at Lisbon. However there are very many other issues. They include (in no order and with no priority to this list) a discussion of the Whois Taskforce report, Update on introduction of Internationalised Domain names, signing of a range of accountability frameworks, a decision on the creation of a triple x domain name, updates on various pieces of policy work, internet governance discussions, and very many more.

This debate and the ongoing immediate management of the RegisterFly Accreditation termination are of course vitally important.

Pete 03.22.07 at 8:15 am

i have domain names at RF (same as many other people), i’ve never used the protectfly (proxy reg.), the WHOIS shows correctly my name, my email, my residential address. i can provide emails received from RF at the time i registered those domains, proving that i’m the owner, i can provide my ID to show my name and my residential address is identical to WHOIS data for my domain names and yet this is not enough for ICANN to put me back in control of my domain names simply because RF is hiding away from me those authorization codes.

so how could somebody in their right mind design such a process ?!

and if ICANN already agreed this is a wrong process and it needs to be changed, then why can’t i just get a permission to transfer those domain names away from RF without the need for authorization codes ?

George Kirikos 03.22.07 at 8:34 am

If one is able to unlock a domain name or get the authcodes at a venue independent of the registrar, that 2nd venue would become a target for domain name hijackers. The security of domain transfers would thus become the MINIMUM of the registrar’s system and the registry/ICANN’s systems.

ICANN or the registry operators could become liable for the damages that ensue should a domain name be hijacked (e.g. a valuable domain name like Google.com, Yahoo.com or eBay.com hijacked even for a short time can cause millions of dollars worth of damage) due to insecure systems or identity theft.

While one empathizes with registrants of RegisterFly, one should not weaken the security of clients of other registrars by creating a new means to hijack domains. At a minimum, if such a parallel system existed, it should only be enabled when there is compelling evidence that many registrants are unable to unlock their domains or obtain authcodes. Of course, if that evidence did exist, the registrar would be in violation of the Transfers Policy, and ICANN could take separate action.

In conclusion, ICANN should be careful not to weaken the overall security of domains, just because one registrar screwed up things for their customers. Ideally, those screwups would have been more transparent to the public, giving them more data to make an informed choice of who to trust as a registrar.

Chris 03.22.07 at 9:11 am

As recent events have shown, presently only the registrar holds the records of domain ownership. ICANN demanded (and had some delays in obtaining) that data from RegisterFly, at a point in time when the integrity of it was already questionable.

This is unacceptable. What would happen if an inept registrar managed to lose all of the registrant data?

I suggest ICANN should ask the TLD registries to create and maintain secure private repositories of domain registrant data, including change history for a reasonable time period. Registrars should be required to submit the actual owner data to the repository, while they may continue to offer privacy services for the public WHOIS database.

This would create the technical framework and the basis for ICANN to establish administrative procedures for bypassing the registrar in an event of registrar failure.

Bigfoot 03.22.07 at 10:11 am

I successfully transfered some. I still have 98 at RFly! Some are ccTLD’s (.uk) where the TAG’s aren’t changed, some are .org where the PIR has locked them well and truly from any movement.

Bigfoot 03.22.07 at 10:24 am

A similar system to the UK ccTLD registry’s of allowing different classifications of registrant. This would at least have helped thost that are caught up with the privacy system of ProtectFly.

I have a number of .uk domains and I register as a UK Individual. They (the registry not the registrar) keep my details off a public whois search.

This system has worked well for me, as it seems RFly didn’t change the data in a way that was compatible with the registry and they actually contacted me direct to have the details corrected, even going so far as sending a snail-mail letter with the changes to me made to make the registry entry compatible and a list of domains for the changes to be applied to.

WK 03.22.07 at 11:25 am

Well, i am a web hosting provider. myself have not my customer domains in RF, only have Mine low profile personal domains here.

I think the problem is not only icann or registrars, is some related to TLDs too. they are actually INOPERANT TO HELP US.

The problem for me have three Points needed, and really needed. One is domains, second is accountability, or trace money, and three is dumb domains lost.

The problem are not only redundance are inoperaive walls bewteen the parts and the registrants, then we are isolated and have al the weakness, none of the POSSIBLE benefits or a real organization.

Let me explain, but some problems we are not speaking before is the stolen domains for reseller of registrans, aka wild west domains or enom, as example, because the resellers use in much cases his own names and not the real owner of the domains.

In other cases some alter whois and we have not evidence, or other let expire domains and renew itselfs the next day of expiration with other name.

POINT ZERO:

We need implement a Unique Id for each registrant, used by registers, tld and icann itselfs. Domain license or something, can be anually charged in 1-3 USD , and dont matter the number of domains. Then me, WhiteKnight, can identify myself as 10154-MX as example, then identify with any domain tramit, in a profile HOLDED in icann.org, and i can alter only in that place. We cant alter the Name of the holder if the account was more than 1 day older.

POINT ONE: MONEY TRACE.

I have 18.60 in my account with RF, and when they return to the old database, they vanish and be 4.7, 14 USD lost in the cyberspace. Some others lost many more. Some REGISTRARS as godaddy, bluerazors, dont use balance, then my point is more valid for those than have balance, in my experiencie is the case with registerfly and resellerclub – directi.

My point of view, is the REGISTRARS with balance, offer too in many cases other services, alias web host, etc. As a web host provider, as a WHT forum member, for many of us is a common sense mantra and rule never broken, use the registrar ONLY for domains and similar, but never for hosting or blogs or chat.

I think ICANN have the authority to reclaim and be Carbon Copy of the FINANCIAL DOMAIN TRANSACTIONS of EACH registrar. This Authorithy not apply to non domain services, then in the @balance@ registrars, need mechanisms to have two balances, or change in one of other. If each registrant assign a numeric ID, unique of the transaction, we can check in a database of ICANN, if the money really go where REGISTRAR say.

If registrar inform to icann our balance in domains pre fund, we ae protected, and the money no vanish in escorts as easily is now.

In few words : Icann have the rights to implement a Unique ID with each domain transaction, and can be independently cheched with icann or with Registrar.

POINT TWO : How Prevent Loss of domains for loss of money by registrant, or fail in registrant.

Each TLD, pir for org, or ICANN, need implement a PRIVATE BALANCE for each REGISTRANT based in the number. With that, we can have a balance in the TLD, pir.org as example, and in our PIR CONTROL PANEL, assign directly to renew the domains we need renewed.

In my humble opinion the auto renew need be doable at the level of TLD, not only the registrar. In this matter, we can prepay in the TLD and get renewed our domain, and resellers or registrerflies companyes cant screw us.

three: DOMAINS CONTROL.

I have some domains in Argentina, and they have the useful function of send , at TLD level, a email wih all your domains. I think the registerfly excel file was a good step, but need be carried more.

Think it :

You can get one time a year, for free, a ICANN report of domains you have with stats, balance, etc, including lost, expired, catched, new domains. if u need more frequently, pay 1 USD to icann.

i think my points are good, and only need computer power and basic programming skills. We can give more money to TLDS in balance with them, prefund renews here, and have in all places a unique number , with an anual fee relevant.

A and A 03.22.07 at 11:27 am

Some plan-of-action needs to be created to assist in the exit of registrants for when registrars are imploding such the case of RegisterFly.

If they are truly generating that many problems and having financial difficulties all around (i.e. paying upstream registrars, ICANN fees, etc.) then they should be at risk in losing it all especially if their support mechanisms are deemed inaccessible for more than a half a week or so (barring any natural disasters but even then they should be prepared for most).

For situations such as this, a third-party, ICANN approved organization should have the technology and oversite in place to assist in the removal of domains from a registrar at the registrants request. For example, if this authority could at my request and upon my proof of ‘ownership’ of the domains transfer my domains to the registrar of my choice, then the mess that is RegisterFly could have been kept to a minimum in terms of ICANN involvement. This authority could have nicely done up web interfaces to automate this process as best as could be with registrar information in place to assist the moving of domains. Also, if this authority were in place, then the mess that follows many a transfer of domains from registrar to registrar could be kept to a minimum and kept to a fairly known set of issues (rather than the numerous that could be the result of the different way the various registrars do business).

I know there was a decentralization of domain management back in the late 90s but like any evolving organization changes need to occur even if it is a step back to centralize certain fuctions of the domain name trade.

Heck, a small group of folks could even be tapped for arbitration situations or other groups that may be involved in such (i.e. cybersquatter situations) could be looped in or such.

It should not be the registrants that have to burn their time, money, and sanity trying to get their domains names out of a registrar that is imploding or that they are unhappy with.

Guidelines and fee limits should be looked into to especially in terms of slightly expired domain names.

A and A

A and A 03.22.07 at 11:31 am

Sorry for the typos – especially those that led to some grammar issues. I was trying to get that comment in at the tail end of lunch.

Note to self: Write it up in Word, spell/grammar check, then paste in web form. :)

Charles Christopher 03.22.07 at 11:42 am

1) NO change should be made to the Auth Code system. The current requirement of providing Auth Code should be enforced

2) All registries should be required to be centralized, like .ORG and .INFO

3) After centralizing the whois at the registry the registry should then be required to provide WhoWAS (historical Whois) going back for at least 2 years.

4) Use of proxy Whois should be terminated. Post Office boxes are cheap espicially given some registrars still charge for proxy whois, not to mention 3rd party services (perhaps via lawyers) is allways possible as well. POB’s demonstrate that other methods of privacy are available. Also, fail to understand how proxy whois prevent them from proving ownership in case of theft of a dishonest registrar. Pure and simple proxy whois is only usefull in a perfect world, and we’re not living in a perfect world …..

Charles Christopher 03.22.07 at 11:44 am

Edit of typo in this sentance:

Also, registrants fail to understand how proxy whois prevent them from proving ownership in case of theft or a dishonest registrar. Pure and simple proxy whois is only usefull in a perfect world, and we’re not living in a perfect world …..

Nick 03.22.07 at 1:47 pm

What I don’t like about the current system is that the only way you can control your domain is through the independant registrars. If they lie, you don’t get to know about it. RegisterFly has demonstrated this, both with a dodgy whois tool and a misleading renewal method, where paying for multiple years would result in only the first actually being renewed, while RegisterFly held onto the money for later years.

Look at this from the ground up. We have an internet full of domain name servers, cascaded to various levels. To get a working domain name, you have to have it registered into all of them with the correct domain records.

The part of the process I’ve never understood is what a registrar (who is not a reseller) does. Do they contact all the domain name server in the world asking for the changes? Or do the domain name servers contact the registrars?

But more, who controls the domain name servers? If a squatter physically owned one of these servers, could he not simply set the records as he liked, typing in domains both new and existing on the fly?

The underlying problem is TRUST. By the nature of the internet all these bits of the system have to be trustworthy. That applies to house addresses in a similar way too – if a postman, or the post company decides all your mail is going to go somewhere else, or they couldn’t be bothered to deliver it any more how could you stop them? Simply because there is no trust or mistrust – the postal service is a government thing and they’re legally bound to do the job.

Internet companies aren’t as reliable as the postal service (shocking!). It’s better having 865 registrars than 1. If RegisterFly was the company who operated ALL the names on the internet, because they invented it or somthing, then this would have been a total catastrophe. The internet would be dead.

The short term solution is, ICANN needs a bit more power. In situations like RegisterFly (which will need clear definition), they need to be able to obtain customer info even where protected by a whois privacy service. And the auth codes must be included in that.

The auth codes are good as they stop other registrars doing illegitimate things where they have nothing to do with a given name, but here’s an idea: Instead of letting the registrar look after the auth code, let people keep them, if they want. Then people who are serious about protecting their domain can at their option take the code and store it themselves and either it must be legally enforced that the registrar can no longer hold onto the code after that time, or people should be able to change their code through some other means once they have it. If it is technically feasible to implement that in the current framework, that would be a wonderful option. If a registrar acts up, just go somewhere else, give them your own private code, and the domain is moved. Once the transfer is complete, take the code back and change it again.

I hope this is a helpful comment even if the idea is technically difficult to implement.

Bigfoot 03.22.07 at 2:19 pm

Until the problems with RF I wasn’t interested in the Auth Codes as they were visible in the control panel. It’s only because the database is corrupted (or RFly corrupted the database) that the Auth Codes aren’t visible.

If I’d known their importance I’d have kept a record of them and I’m sure eveyone else who can’t now access them would have as well.

As I understood it the Auth Codes were introduced to prevent not just registrars from hijacking domains but also other customers/outsiders. In this current mess there is likely to be some rogues who will try and claim ownership of domains that they’ve had no dealings with and have no right to. By by-passing the Auth Code system and relying on info provided by customers eNom have introduced a loop-hole that I’m convinced will be exploited by the evil people of this world.

After all, RFly allowed the changing of the whois to individuals within RFly – what is to prevent that happening again. Auth Codes were blanked and then when the fog of this mess clears up what will be revealed – two (or more) people with the same level of ‘proof’ that they have a right to a domain.

How is the ownership dispute to be decided unless there can be some archive of all whois data and a full historical and authorised record of changes?

I would like to see an ‘official’ historical and authorised record of all whois record changes. This would include changes to NS records, contact details, ownership details including ‘real’ addresses. No-one should need to hide behind PO Boxes and that shouldn’t be allowed. The records should be searchable by staff at the registry. Random searches for large numbers domains registered to an address made. The ‘reality’ of the address should then be checked. Many places have registries of land addresses to record sale of land and houses. This record should be used to check that the address given actually exists. (Or a simple stamp on an envelope will get the Postal Service of that country to do the check for you. If the mail is returned then the address doesn’t exist! and if it is replied to then the address can be assumed to be real.) Remember, no PO Boxes!

Chris 03.22.07 at 3:15 pm

I strongly disagree that proxy / private registrations should be terminated. It is a very useful service that many people want.

Post office boxes may be a “cheap” solution for domain speculators and others with hundreds of domains, but for an individual owning one or two, the need for an otherwise unnecessary PO box would increase the cost of domain ownership tenfold or more — and those are usually the cases where privacy is most desired.

It is not difficult to maintain a private registrant data repository that is separate from WHOIS. That would provide for both safety and privacy.

joop teernstra 03.22.07 at 5:15 pm

It may be time to review the entire commercialized registry-registrar setup.

Take the analogy with Real Estate ownership.

In Anglo Saxon legal systems my proof of ownership of a house or land is a Certificate of Title, in Continental jurisdictions it is an indisputable entry into a (thick) Registry.

These are public sevices; a foundation under property rights without which there would be no investment.

We have to question whether it is a good idea to continue to jeopardize registrant’s ownership rights in the name of competition between accredited (register)Fly-by-night operators.

It is in the name of profiteering that many registrars have done away with a registrant’s elementary rights of a grace period upon name expiry, making money from a “backorder” service.
They have no incentive to initiate escrow procedures

To show that an alternative system can work
ICANN can test the waters with a new TLD, run by a “thick” registry on a cost recovery basis.
No registrars.

That would be real competition with the existing system.

Charles Christopher 03.22.07 at 7:05 pm

I understand what you are saying about the cost of a POB.

That said I personally use a POB to prevent identity theft, in other words make sure nobody can go through my mail sitting in a roadside box. I see the domain privacy issue to be a “modern” issue in many areas of life today.

I think that so long as a third party has control of the whois record that party become the fox guarding the hen house. :(

Taking the issue to the next step, and has been pointed out by others, if ICANN denied registrars from their “transfer fullfillment” operations (forcing *ALL* non renewed domains to be deleted) then registrars conflict of interest would be greatly reduced and if fact aligned with the registrant making sure they have valid whois to ensure renewal … Transfer fullfillment just *MOTIVATES* registrar to ensure non renewal since transfer fullfillment base price (ignoring auctions) in the industry is *GREATER* than the price of renewal and thus renewals are *NOT* acutally desired for a quality domain name ….

Some registries claim that dropping domains causes there systems excessive overhead ….. And yet the many successful landrushes over the years clearly demonstrate that many ways exists to issue dropping domains with minimal overhead. In fact one need only look at the .ORG registry for a very low overhead system that works great and proves dropping domains do not cause a registry excessive overhead.

Charles Christopher 03.22.07 at 7:13 pm

>The short term solution is, ICANN needs a bit more power.
>In situations like RegisterFly (which will need clear definition),
>they need to be able to obtain customer info even where
>protected by a whois privacy service. And the auth codes must
>be included in that.

Problem is I’ve watched RegisterFly place “suspect” whois values in domains that were transfered in thus making it ambigious as to ownership of the domain. Latter I’ve seen some change back and resemble the original values. That was the kind of activity that finally caused me to move my domains out of RegisterFly long ago.

It’s also important to keep in mind that many registrars get out of sync with the thick registrys. Many times I’ve seen people say “But my admin panel shows my whois, why should I care what the port 43 whois server says?” …. Very scary stuff …

Rara Avis 03.22.07 at 8:39 pm

“Caveat emptor”.

When choosing a registrar, be careful to study all the rules to a letter. For example: GoDaddy is well-known and reliable registrar, but in its ToS it contains this interesting notice, citing, “Go Daddy reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever”, end of citing.

Methinks, ICANN should review the RAA to follow these rules:

1. Registrars may not apply anyrules contradicting ICANN RAA and related regulations. All the ’services termination’ with respect to domain names must follow the universal strictest rules, mandatory for all the registrars.

2. Privacy must be granted to whoever wishes that. Thus, services like ‘Domains by proxy’ must be legal. If the registrant identity should be disclosed, there should be strict and unambiguous rules for that. registrar may not reveal any private info “in its sole discretion”

3. Cybersquatters and linkfarms should be dealt with. The majority of domain names are in cybersquatters (read: criminals) hands. There should be ‘decent use’ or ‘proper use’ rule (I know it’s hard to figure out) thus preventing the practice to buy domains with the only purpose of selling them.

4. More .TLDs should be introduced. The popular TLDs are quickly losing valuable names. ICANN shouldn’t be too slow. Also, ICANN should not allow events like those in case of .EU landrush phase to happen again – when dozens of bodus registrars have apepared, with the only purpose of taking many namees to resell it to those actually looking for them.

Many things to cope with. I wish ICANN luck.

Peter 03.22.07 at 10:31 pm

Part of the problem that occured with RegisterFly has to do with two things: ProtectFly and auth codes.

1. In Canada, to transfer a .ca domain name, you don’t need an auth code. Instead you get an e-mail from the registry (CIRA) to confirm it, and you do it via their website. This might be a better alternative to auth codes.

2. WHOIS – Remove vital information. There are people out there who genuinely don’t want their information public, like maybe they’re being stalked by an ex-partner. (I’m not talking about JN stalking KM.) Address and phone number have no business being public. This would remove the need for services such as ProtectFly.

Bigfoot 03.23.07 at 12:14 am

I agree. The Canadian model (or UK one) that doesn’t require Auth Codes should be looked at closely. I would outlaw PO box addresses for domain registration.

The UK model of registry allows for private individuals to keep their information (except name) off the Whois searches available to the public.

Adam Masri 03.23.07 at 12:44 am

I agree. The single most important thing ICANN can do is give the registrant the auth code and NOT the registrar. The registrar should not be allowed to hijack & steal our domain names ever again.

Adam Masri
President
Nolex

WK 03.23.07 at 8:58 am

I think the physycal address need be available for a money . I am seeking some persons for some legal processs, and they use info to hide. If a register get the info previous id and explication and 3 USD for the person who need it, can file that data, and the reasons to request.

Argentina use too a non AUTH CODE method, but mexico function very well too in a password by mail basis, with link to confirm the transaction.

Kamil Iskra 03.23.07 at 11:11 am

You are of course correct that the new system must not be less secure than the current one. However, your assertion that the current system is basically fine, but for one rogue RegisterFly, is simply untrue. There are many documented cases of abuse by registrars, including some major ones. Current system is fundamentally broken, and the case of RegisterFly is simply a proof of that. Right now a registrar can arbitrarily change any information about your domain without your consent, and there is nothing you can do about it, short of suing them.

The solution is conceptually simple: take control of low-level domain data such as whois and auth codes away from the registrars and put it with the registries. I realize it’s easier said than done, as you would essentially need separate accounts at the registrar and the registry, which would be confusing for a casual user, and probably more expensive than the current system. But, having experienced RegisterFly, I’ll take confusion over absolute lack of security, any day.

Of course, this begs a question: what would we need the registrars for, then? Just collecting money for initial registration, transfers/renewals, and value added services, I guess, such as providing DNS, email forwarding/accounts, and http forwarding/space. In case of all of them, I was using my own servers instead of relying on RegisterFly, yet they still managed to sc..w me up by, essentially, modifying whois for my domain without my consent, and making it impossible for me to change it back, so that I could transfer away. This must never be allowed to happen again.

Daniel 03.23.07 at 1:33 pm

I am a strong believer in separation of powers. And I also got personally burned by RegistrarFly debacle loosing several domains because i couldn’t get auth codes to transfer they wouldn’t renew even though i paid. Despite all this i don’t think ICANN should or needs to worry about quality control of registrars. Let market sort itself out. But for market to be able to do this there has to be a free flow of goods i.e. domains. The problem with RF is that by nature of the system they were able to create a barrier and prevent people from moving to a decent registrar.

Registrar transfer mechanism should not depend on the goodwill of registrars. As Tim G. points out, there is economic incentive for registrars to interfere with out-transfers. Most do it subtly by making the process difficult and time consuming in hopes of discouraging the customer. Many of them hide auth codes, unnecessary layers of confirmation, detailed FAQs on in-transfers but no mention of out-transfers, etc. One of them, namely 1and1, requires you to opt-out of domain renewal by logging into a website separate from your hosting account (cancel.1an1.com), then confirm cancellation order via email, and lastly by requiring you to send a signed fax. While there is a rational to some of these practices on security basis – such as preventing domain hijacking – i feel a lot of registrars make the process unduly difficult simply to discouraging customer migration.

If there is a lesson to be learned from RegistrarFly meltdown, it is this: The customer should be empowered to transfer without the need to get approval from outgoing registrar. Therefore, the transfer approval process should be between the customer and unbiased entity, such as the TLD Registry. (Since Registry doesn’t care what registrar customer uses, there is no incentive for them to make things unnecessarily difficult). I propose that upon new domain registration (and transfer to another registrar) Registry issues auth code either directly to admin email to through registrar which should be contractually obliged to pass that information with the registration receipt). Armed with the authcode customer should be able to initiate in-transfer from any registrar and not need approval from the loosing registrar.

For security reasons (in case of theft of auth code) admin email should be notified of any transfer requests and should have ability to opt-out of transfer, again directly with Registry using the authcode to confirm identity, and should be able to request a new authcode be issued to admin email.

While such system move some responsibly from registrars to Registries, ultimately it is in end consumer, ICANN and Registries interest to implement such a system. As we have seen when RF fell apart, the burden of customer support has fallen on your shoulders anyway. The end-customer will embrace the idea of having more control.

Secondly, i don’t think registrar data escrow is a realistic solution. First of all it will require enormous resources from ICANN and from each registrars to keep data in synch. Secondly it will be strongly opposed by various constituency on grounds of privacy. In other words, both the public and registrars will strongly oppose any data escrow plan on both economic and ideological grounds. Besides, even if implemented you ICANN will have huge headaches in following up on end-user requests.

Design a distributed system that empowers end-user and you will solve the bane of another sinking registrar pulling their customers down in the undertow.

Empower end-user with choice and you will have a system that works better and also requires less tinkering on your part. The end-customers will favor registrars with higher quality thus improving the overall quality of the registration system.

Thirdly, ICANN should not and needs not be in the business of rating registrars. This will only server to create controversy. I’ll give you an example. Some governments are clearly better than others. Should UN be in the business of rating governments of member nations? Should US federal government rate the states? Should states rate counties and cities? Such ratings while useful are best left to third parties. What you could do is put out yearly surveys directly to the end users (registrants) and rate registrars on this basis. Actually this could work quite well. It will be useful, legitimate, and will let you off the hook from accusations of playing favorites.

Jeff Johnson 03.24.07 at 9:01 am

This is my Input for consideration.

1) ICANN should have complete records of registrant data at all times, and transaction logs.

2) Dept of Commerce should have access and recourse to audit all Registry transactions and put in place an efective task-force for problem management, and enforcement. Registerfly transaction failures are everywhere. ( dont much want ICANN police, ICANN should be a Research and develpement authority for building out future generations of web)

2a) Transaction failure recourse. When a registrar takes your money, refuses to renew, and the “grace” period is ignored, domain grabbing systems engage and then the domain is stuck for a while and then lost.

3) REMOVAL OF REDEMPTION FEE EXTORTION

4) EXPLAIN to the world that DOMAIN OWNERSHIP is a misnomer. It is A LEASE contract for use of a NAME over a time period that can expire. Its bad contract law to state anything else.

5) Reparations. This Registerfly problem has existed since the moment ICANN Accredited Registerfly last year. Evidennce of that complaint stream has been removed from public forum archive.

Renewal transaction failure by registerfly should be redressed and rightful re-instantiation of DNS should be performed for provable caaes, retroactive to the date of Registerfly accreditation, and publicly available rights to recovery should be implemented.

Get the word out, since the disconnect between website owners and domain name registrants is a serious problem. a $1000 website that makes income for a small business can be lost for a $9.99 renewal failure. The trickle down impact of this is 100’s of times the fees.

junky youtube awareness videos – link everywhere that may help.

http://www.youtube.com/watch?v=RTViHZIHvlY
http://www.youtube.com/watch?v=jsrvUqj6cdU

Anonymous 03.26.07 at 12:49 am

what can i do my domain name with another owner now ????????????
pls tell me m/Paul Levins

Charles Christopher 03.28.07 at 11:35 am

Seems to me the section of the Whois that causes the most problems is the email fields combined with automated harvesting to produce spam. In other words there is huge financial gain to harvesting the email contact information.

Removing JUST the email field still provides physical address and telephone information and a mechanism exists to reports “bad whois” information and have the domain deleted.

The cost of creating a domain dispute is FAR higher than the cost of making a phone call or sending a letter via the mail.

So personally I’m not sure the email information needs to be available via the public whois system. I think all registries should be required to implment centralized whois (like .ORG and .INFO) so that registrars can see the email contact info (and provide it to their users if they wish) and then REMOVE the email contact information from the public whois.

Taking it one step further, if registries were required to centralize whois, and provide WhoWas (via registrars) then the entire Port 43 system could be eliminated and we’d all benefit from a huge reduction in SPAM – I spend 15 minutes per day filtering through spam derived from whois harvested email addresses. :(

As for Auth Codes, I’d never want to see that feature removed I’d only want to see it made more agressive to further impede domain theft.

Charles Christopher 03.28.07 at 11:44 am

>REMOVAL OF REDEMPTION FEE EXTORTION

I’ve wrestled with that one a lot.

I think a penalty should be paid for not renewing a domain if for no other reason than it serves to cause people to warn others to renew their domain “Helps foster education”.

I think the real nefarious part of redemption fee is how it gets combined with transfer fullfillment given a registrar incentive to NOT ensure a registrant renews and then mark up the redemption fee in order to force the domain to auction.

In other words transfer fullfilment should NOT be allowed, all domains should be required to be released and then reregistered. Doing this then puts pressure on registrars to LOWER the redemption costs to ensure they retain a customer. Tranfer fullfillment has turn the registrars against registrants, it needs to be stopped.

Michael Donohue 05.02.07 at 7:48 am

I’ll give you some “end user” input on Auth Codes…

One of my clients has been trying to move his domain AWAY from Network Solutions, Inc. Due to some outdated information, the “auth code” had to be had over the phone.

We did get the code, however only after suffering through 15-20 minutes of some very strong arm “stay with us” script.

After getting off the phone, the client told me he would have never gotten through it without me, and out of fear would have just left it with NSI…

That’s a bad scene. This data should not be held by the registrar. They have HEAVY financial incentive to not give it to the registrant.

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