[ncdnhc-discuss] Deletions of registartions with inaccurate data (Re: [ncdnhc-discuss] Fwd: [nc-deletes] Comments from NCC representative (constituencystatements))

[Marc Schneiders]

Reading the discussions about the tiny details surrounding deletions based
on (real or assumed) inaccurate whois data, I cannot but wonder who is
going to police this. ICANN has set up a webform to report such domains,
but seems not to do much with the info received so far. So whether a
domain will be deleted depends on others than ICANN. Some of those others
may have an interest in the deletion of a particular domain.  So this
deletion-because-bad-whois will be another method for hijackers, just like
the UDRP is already. Of course there are genuine cybersquatters, which
should be dealt with. There are too many casualties though, domains that
are transferred without there being a real case, as many researchers as
well as the press have reported. The hunt for inaccurate whois will also
mainly serve the big against the small. For I guess just as Procter and
Gamble is not asked to defend its many domains before a WIPO panel, its
domains will not be deleted if a phone number or email or admin contact
turns out to be out of date or a mistake or even a deliberate
falsification. Laws and rules that are not balanced and checked inevitably
lead to some sort of class justice. The UDRP proves it again. How about
evaluationg that first (promised for 2002!) before we introduce other
measures that serve no purpose except to make the life of a particular
specialty of lawyers easier? Despite all the window dressing it is clear
that the problem of inaccurate whois does not lead to more terrorism,
rape, fraud, murder, spread of diseases, and so forth and so on. It makes
it _slightly_ harder to deal with presumed cybersquatters. No correct
address means a lawyer cannot send a threatening letter. Should we really
give up our privacy as well as risk that domains are wrongly reallocated
for faulty whois data, just for those who want to have an easy job?
There are laws to deal with crimes. Presumed trademark infringement should
be proven in court, not assumed on the basis of mistaken postal codes, or
incorrect phonenumbers.

It might really help to have a look at how some ccTLDs handle whois,
preserving both the registrants and the 'public'. Have a look at .DE
(bigger than .NET or .ORG, not to mention .INFO and .BIZ, .MUSEUM and the
rest). No phonenumbers, no email of the registrants. Only of the technical
contact. It makes a lot of sense.

Recently I had the job to try to acquire a .DE domain from the registrant.
It wasn't easy, because I had to write a letter to the registrant. So
what?

-- 
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