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2014-06-18

ICANN Fails to Prohibit Warehousing OR Speculation in Domain Names by new gTLD Registry Operators and Registrars

ICANN is "MIA" (missing in action) in its duty to govern its own accredited domain name registrars and gTLD registry operators and prohibit warehousing of or speculation in domain names -- e.g., according to Wikipedia, "ICANN has not yet amended the RAA with policies to limit domain warehousing and related practices."

 And yet, if you peruse the ICANN website you come across--

Resources - ICANN: "ICANN's agreements with accredited registrars and with gTLD registry operators require compliance with various specifically stated procedures and also with "consensus policies." Sponsors and registry operators of sponsored TLDs may be required to comply with consensus policies in some instances."

ICANN: Consensus Policies relating to registry operations or registrars . . . shall include, without limitation:
(A) principles for allocation of registered names in the TLD (e.g., first-come, first-served, timely renewal, holding period after expiration);
(B) prohibitions on warehousing of or speculation in domain names by registries or registrars; (source: Verisign dot Com registry agreement)

Here's the language from 2013 ICANN Registrar Accreditation Agreement:
3.7.9 Registrar shall abide by any Consensus Policy prohibiting or restricting warehousing of or speculation in domain names by registrars.

 And from the base gTLD Registry Agreement: 1.3. Such categories of issues referred to in Section 1.2 of this Specification shall include, without limitation:
1.3.1 principles for allocation of registered names in the TLD (e.g., first-come/first-served, timely renewal, holding period after expiration);
1.3.2 prohibitions on warehousing of or speculation in domain names by registries or registrars;

But although proposed, ICANN apparently has no prohibitions on warehousing of, or speculation in domain names by new gTLD registry operators and/or registrars and/or affiliated companies -- see, e.g., reports documented here and here. So where is the public interest being served by ICANN? Nowhere!

ICANN #FAIL