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I was a witness at the two prior hearing, one in 2001 and another in 2002 - it's quite an experience.
My submission to this year's hearing is online at http://www.cavebear.com/rw/senate-july-31-2003.htm
What's going to be said by the witnesses? I don't know. But I have some guesses...
When domain names expire they leave skeletons - networks of inbound links that continue to funnel traffic to that name, even if ownership has changed. Via eWeek, we learn that Microsoft owned HARDWARE-UPDATE.COM and used the name for a site featuring Windows drivers. The domain name is embedded in various error messages in Windows 2000. However, Microsoft did not renew the domain name and Ultimate Search, a company that specializes in this sort of thing, scooped it up. Now the page provides sponsored links, courtesy of Overture. The article reports that the top sponsored link pays over $3 a click-through.
Should ICANN's Wait-Listing Service be implemented?
Why yes or why not? What are the negative or positive consequences that are being overlooked?
In light of the recent events regarding ICANN's approval of the Wait-Listing Service (WLS), CircleID is requesting all stakeholders (all individuals or organization that own domain names or sell related services) to submit their comments 'for' or 'against' WLS. All comments gathered will be posted on CircleID WLS Speical Coverage and presented to key decision makers...
At a workshop held in late June in Montreal (Canada) -- Karl Auerbach had submitted some live coverage to CircleID --, the Internet Corporation for Assigned Names and Numbers (ICANN) had an in-depth look at various aspects of the Internet's WHOIS databases. These databases associate social information (like holders' names and contact information) with network identifiers, such as IP addresses and domain names. Current policy for these databases -- in particular in the generic top level domain area -- is part of ICANN's contracts with domain name retailers ("registrars") and database operators ("registries"), and permits for use of the data by arbitrary parties for arbitrary purposes.
In 2002, VeriSign, the registry for .COM and .NET domain names, proposed the idea of a centralized, registry-level "wait list" for currently registered domain names. The system would let anyone around the world get "next in line" for a name that is registered now but may become available later.
This new registry service, titled Wait List System (or WLS), would augment what is now an ad-hoc group of registrar-level services that are useful, but aren't always fully dependable or even available to the general public.
I will try and take a different approach with this post. There are two elements of WLS that I think are most material and are not discussed often enough. They are i) the scope of the original NSI-ICANN contract and ii) the use of multiple accreditations.
...Verisign is paid a sum of money to perform a service. They own neither the primary nor the secondary data. I will not bore you with a recitation of various sections of the agreement nor with long-winded legal arguments. They are for another forum. The implication of this conclusion as it relates to WLS is that any re-registration market service is outside the scope of the original contract and should be treated as any new service should.
When I came out of the Verisign Product Round-Table at the ICANN Meeting it became clearer to me why I sometimes feel that registries were dangerous things to put in the hands of a for-profit corporation. Here in Canada the .CA namespace is regarded as a "Key Public Resource", thus the registry is administered by a non-profit corporation. The monopoly over the root (which is what it is) is treated very carefully, almost with a "necessary evil" mentality, which if done properly cultivates private enterprise and competition at the registrar level, where it should be.
Afternic holds a unique position on this subject; we're neutral. This is partly because we have partners on both sides of the issue and want to be diplomatic. But it is also because we don't think that it matters much in a mature domain name market. The backorder service market is an apparition. It depends on the owner of a valuable property thinking the property is worthless. How long can that situation exist to fuel the backorder market? As domain name owners gain knowledge and experience regarding domain name values, we expect few valuable names to drop.
A positive consequence of this debate is that domain name owners will gain knowledge about the value of their domains.
Register.com has not taken a position for or against WLS. If and when the registry launches this service, Register.com will consider whether to offer it based on the price and conditions attached to the service. We are committed to delivering to our customers the best in class services available. Therefore, the registry's price will be an important factor. Moreover, we are concerned about some of the conditions currently being considered by ICANN - primarily, the "black out period." This is a period of time prior to the final deletion of a name, during which a registrar would be prohibited from selling a WLS subscription on a domain name that it sponsors. We consider this a condition that could confuse consumers and dampen domain name competition.
The claim that the *only* way that reliable wait listing can be done by *the* registry is not true. The registrars could, as a technical matter, if they chose to do so, "wrap" the registry with a new entity that mediates all acquisitions and releases. Whether this accords with ICANN's hyper intricate contractual scheme or with laws against restraint of trade, I don't know.
Personally I consider WLS to be contrary to the idea that a contract contains an implied covenant of good faith and fair dealing - it seems to me that WLS violates that implied covenant - It is as if my doctor is selling contracts on parts of my body should I die while under his care.
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