Domain Name Front Running

[Marc Perkel]

This is the only place in the world named Gilroy. And I'm personally
involved in registering a domain as part of a group that's starting up a
farmers market here. At the time I checked the domain name it wasn't
public knowledge there was going to be a farmers market. Nor what it
public when the name was registered.

The person who registered it lives in Alabama, 3000 miles from here.
There is no way in Hell this is a coincidence.

And it's not the first time it happened.

On 3/31/2011 9:25 PM, Avri Doria wrote:
> Hi,
>
> I have seen nothing that proves this has happened.  Do you have hard evidence that someone just did not coincidentally have the same idea?  If so, I recommend you lay it out, publicize it and make an ombudsman request related to it.
>
> a.
>
>
>
> On 1 Apr 2011, at 00:10, Marc Perkel wrote:
>
>> I want to understand the mechanism that gives some guy in Alabama access to other people's queries.
>>
>> Surely I'm not the only person here who is outraged?
>>
>> On 3/31/2011 9:02 PM, Avri Doria wrote:
>>> Hi,
>>>
>>> Domain name front running does not require knowing anything about the identity of the person searching on the name, only that the name was searched.
>>>
>>> Unlike stock front running I do not believe there are laws against it.  I also do not believe there are any policies explicitly related to it at this point, though the GNSO did study it at one point and seemed unable to prove that it occurred:
>>>
>>> http://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf  page 34
>>>
>>>> It is unclear to what extent front-running happens, and the RAPWG does not recommend policy development at this time. The RAPWG suggests that the Council monitor the issue and consider next steps if conditions warrant.
>>>     page 36
>>>
>>> a.
>>>
>>> On 31 Mar 2011, at 23:27, Jonathan Kramer, Esq. wrote:
>>>
>>>> Marc:
>>>>
>>>> Unless you have a static IP address which is registered to you or your firm
>>>> (see, for example, http://whois.domaintools.com/66.116.74.45), then your
>>>> personal information is fairly secure.  Of course tracking cookies are a
>>>> serious source of concern, but I presume from your posts that you are very
>>>> security conscious and likely flush your system cookies and Flash cookies
>>>> regularly.  The most that would likely be gleaned from your whois queries is
>>>> your IP address connected to the query. If your IP is dynamically assigned,
>>>> then this lessens the possibility of tying your whois queries directly to
>>>> you.
>>>>
>>>> I think that the fact that Gilroy (Garlic...YUM!) announces that it's
>>>> starting a farmers market, and a few weeks later that obvious name is
>>>> registered by a "Joey Pauline" who only apparently has a handful of other
>>>> domains, should not come as a surprise, or suggest that whois queries are
>>>> being sniffed.  Rather, it suggests to me that Joey was "the early bird that
>>>> caught the worm", here the obvious event name.
>>>>
>>>> Respectfully,
>>>>
>>>> Jonathan
>>>>
>>>>
>>>> ____________________
>>>> Jonathan L. Kramer, Esq.
>>>> Kramer Telecom Law Firm, P.C.
>>>> 2001 S. Barrington Ave., Suite 306
>>>> Los Angeles, CA 90025-5379 USA
>>>> Toll Free: +1 (855) CELL SITE
>>>> Direct Tel: +1 (310) 405-7333
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>>>> Fax: +1 (310) 473-5900
>>>> www.CellSiteLawyer.com
>>>> www.TelecomLawFirm.com
>>>> www.CellularPCS.com
>>>>
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: NCSG-NCUC [mailto:NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of
>>>> Marc Perkel
>>>> Sent: Thursday, March 31, 2011 7:57 PM
>>>> To: NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU
>>>> Subject: Re: Domain Name Front Running
>>>>
>>>> What concerns me is how is it that other people have access to my whois
>>>> queries?
>>>>
>>>> On 3/31/2011 6:48 PM, Nicolas Adam wrote:
>>>>> Not so long ago, it was made on a vast scale at the speed of light, so
>>>>> to speak, and freee for 5 days, hence the name: domain tasting. Highly
>>>>> crooked and the symptom of a broken market.
>>>>>
>>>>> On 3/31/2011 9:43 PM, Marc Perkel wrote:
>>>>>> I can't help but to believe that this is highly illegal. You look up
>>>>>> a domain and the registrars steal your domain name.
>>>>>>
>>>>>> On 3/31/2011 6:37 PM, Nicolas Adam wrote:
>>>>>>> I believe tasting was mostly done by registrars peeking in on their
>>>>>>> own search engine. I could be wrong.
>>>>>>>
>>>>>>> On 3/31/2011 11:23 AM, Marc Perkel wrote:
>>>>>>>> It looks like it has a name. There appears to be some mechanism
>>>>>>>> where if I look up a non-existent domain that lookup is somehow
>>>>>>>> exposed to people who then register the domain if I don't register
>>>>>>>> it immediately.
>>>>>>>>
>>>>>>>> The town of Gilroy is starting a farmers market. A few weeks ago I
>>>>>>>> looked up GilroyFarmersMarket.com and it was available. I come back
>>>>>>>> two weeks later and it's taken.
>>>>>>>>
>>>>>>>> Who is tracking this? How do third parties know that I looked up
>>>>>>>> that domain?