Re: [At-Large] ALAC Draft Statement on Domain Tasting and Domain Monetization - V. 1.3
Which means we've once again been misled, and I misspoke in reliance on
an earlier statement.
Nonetheless, we voted March 6 to commence a PDP, and we should now,
today, transmit our request to Bruce Tonkin and the GNSO.
--Wendy
Nick Ashton-Hart wrote:
> What you received before is most definitely not an issues report I'm
> afraid. An Issues Report is a specific thing which is regulated by the
> Bylaws in the way I outlined lower in the thread below.
>
> To recap, in order to have an Issues Report, you must ask the GNSO
> Council for one in the way below-referenced. Since the report you
> received originally written by Bruce Beckwith is not the result of
> such a motion to the GNSO, it doesn't qualify.
>
> On 28/03/07, Wendy Seltzer <wendy@xxxxxxxxxxx> wrote:
>> Izumi AIZU wrote:
>> > 2007/3/29, Wendy Seltzer <wendy@xxxxxxxxxxx>:
>> >>
>> >> I like the substance of the comment, but the procedure is wrong. We
>> >> voted at our March 6 teleconference to commence the PDP, so this is
>> the
>> >> statement to be sent to the GNSO requesting it.
>> >
>> >
>> > Woops, because we voted yesterday to write a request to
>> > ICANN Staff for Issue report. No one reminded the Vote on March 6.
>> > Which one should we follow?
>>
>> The March 6 vote puts us further into the process. We should call what
>> we already received from staff an Issues Report and forward this
>> statement to the GNSO Council at this meeting to start the PDP.
>>
>> --Wendy
>>
>> >
>> > izumi
>> >
>> >
>> >
>> > --Wendy
>> >>
>> >> Nick Ashton-Hart wrote:
>> >> > Just one comment down below of a technical nature:
>> >> >
>> >> > On 28/03/07, Izumi AIZU <iza@xxxxxxx> wrote:
>> >> >> Hi,
>> >> >>
>> >> >> Here follows and attached is the third version. I messed up with
>> the
>> >> >> wiki, changing the link page title made it impossible to keep the
>> >> >> history - thus this is a kind of new page now.
>> >> >> I will try to find ways to fix it... in the mean time. I
>> changed the
>> >> >> title from "Comments" to "Statement". We still need more inputs and
>> >> >> reactions from you guys!
>> >> >>
>> >> >> Thanks,
>> >> >> izumi
>> >> >>
>> >> >> Here is the wiki URL:
>> >> >> https://st.icann.org/alac/index.cgi?al_2007_r_1
>> >> >>
>> >> >> ALAC STATEMENT ON DOMAIN TASTING AND MONETISATION AND THEIR
>> IMPACTS ON
>> >> >> THE INDIVIDUAL INTERNET USERS
>> >> >>
>> >> >> Version 1.3, Mar 28
>> >> >>
>> >> >> On behalf of the ordinary Internet users, the At-Large Advisory
>> >> >> Committee (ALAC), with inputs from the worldwide At-Large
>> Structures
>> >> >> and other friends, would like to make the following statements on
>> >> >> Domain Tasting and Domain Monetization.
>> >> >>
>> >> >> We think Domain Tasting and Domain Monetization are two different
>> >> >> issues, though certain areas may have some relationship, and
>> therefore
>> >> >> we like to discuss them separately.
>> >> >>
>> >> >> The need to articulate the issue first for Domain Tasting
>> >> >> We assume that Domain Tasting utilizing the existing Five-day Add
>> >> >> Grace Period is an abuse that results in confusion of the ordinary
>> >> >> Internet users and gives an unfair advantage to speculators.
>> >> >>
>> >> >> At this point of time, we feel there still needs more concrete
>> >> >> information to prove these problems actually exist and are
>> affecting
>> >> >> the ordinary users and their experience in using the Internet.
>> >> >>
>> >> >
>> >> > This paragraph is still slightly out of kilter with what the process
>> >> > in the Bylaws actually requires.
>> >> >
>> >> > What you are actually to do is raise an issue by transmitting a
>> >> > request to the GNSO Council to commence a PDP.
>> >> >
>> >> > Then 15 days after receiving a "properly supported motion from an
>> >> > Advisory Committee" the staff will create an issues report.
>> >> >
>> >> > "properly supported" according to Dan Halloran means supported by
>> the
>> >> > committee in the normal way it resolves on questions of substance -
>> >> > e.g majority vote.
>> >> >
>> >> > You can find the details here:
>> >> http://www.icann.org/general/bylaws.htm#AnnexA
>> >> >
>> >> >> ALAC will draft a formal request shortly to ask ICANN staff to
>> prepare
>> >> >> the Issue Report. At the same time, we like to work together with
>> >> >> other constituencies or groups who share the similar concern to
>> come
>> >> >> to a consensus position.
>> >> >>
>> >> >> Upon receiving the Issue Report by the staff, GNSO must make the
>> >> >> decision whether a formal PDP is necessary or not.
>> >> >>
>> >> >> In addition, here are some possible actions you can do voluntarily
>> >> now:
>> >> >>
>> >> >> With the User Consituency, business and non-commercial:
>> >> >> Find the best ways to protect the interest of the end users, as
>> >> >> registrants as well as just as general users who do not register
>> >> >> domain names but just use domain names to communicate each other or
>> >> >> find useful information on Internet. How to provide safeguard
>> for the
>> >> >> domain names they registered, what are the rights of the
>> registrants,
>> >> >> for example.
>> >> >>
>> >> >> With the Registrars Constituency:
>> >> >> Finalize and implement Registrars Code of Conduct that prohibits
>> >> >> unfair speculation and exploitation on Domain name registration
>> >> >> including the use of five day Add Grace period. In case full
>> consensus
>> >> >> is difficult to achieve, some voluntary Code of Conduct or Best
>> >> >> Practice or some kind of Self-certification may be a good
>> alternative
>> >> >> to assure user confidence.
>> >> >>
>> >> >> With Registry Constituency: gTLD and ccTLDs
>> >> >> Consider how to avoid user confusion and unfair practices by
>> >> >> abolishing the five day add grace period. Adding small fee, such
>> as 25
>> >> >> cents per Domain to those registrants who kept their names using
>> add
>> >> >> grace period may be another solution.
>> >> >>
>> >> >> With ICANN Board:
>> >> >> We suggest ICANN Board to consider how to prohibit unfair
>> speculation,
>> >> >> enhance consumer trust to Domain Name registration system, for
>> >> >> example, initiating a third party study on the impact of Domain
>> >> >> Tasting and Domain Monetization/speculation to the ordinary
>> Internet
>> >> >> users. ALAC is more than happy to assist such study,
>> >> >>
>> >> >>
>> >> >> On Domain Monetization
>> >> >> We note that there is a meaningful difference between Domain
>> Tasting
>> >> >> and Domain Monetization. Monetization is a straightforward
>> arbitrage
>> >> >> between the cost of domain registrations and the revenue from as
>> much
>> >> >> pay-per-click traffic as the domain owner can get from people who
>> >> >> visit web sites in the domain. It's a fundamentally sleazy
>> business,
>> >> >> since the web sites have no useful content and the way they get the
>> >> >> traffic is basically by tricking people, either via typos or
>> recently
>> >> >> expired domains. More importantly, the presence of such website
>> makes
>> >> >> web-surfing by ordinary users far more difficult and confusing than
>> >> >> they should be.
>> >> >>
>> >> >> We do not think it is appropriate in this case to make ICANN as a
>> >> >> regulator to watch and prohibit the Domain Monetization
>> practices per
>> >> >> se. Instead, on behalf of ordinary Internet users, we call upon
>> those
>> >> >> commercial enterprises such as Google or Overture to take
>> appropriate
>> >> >> measures such as to stop paying for clicks on pages with no
>> content,
>> >> >> thereby dealing with a problem that is not limited to typo and
>> expired
>> >> >> domains. We've seen click arbitrage, people buying Google ads to
>> drive
>> >> >> traffic to pages that are simply other Google ads. This kind of
>> >> >> self-generating traffic for pay-per-click advertising is
>> confusing and
>> >> >> unnecessary for ordinary Internet users and, in the long run, not
>> >> >> healthy for the development of Internet as a whole.
>> >> >>
>> >> >> Since Domain monetization is a relatively new phenomena, the
>> impact to
>> >> >> the ordinary users and the wider Internet community is hard to
>> measure
>> >> >> at this point. It seems clear, however, that it does not improve
>> the
>> >> >> user experience at all. We think it is worth to keep watching on
>> how
>> >> >> it develops and may seek for specific actions when we have clearer
>> >> >> understanding of measurable impact.
>> >> >>
>> >> >> Background and Rationale on Domain Tasting
>> >> >> "Domain tasting" is the term used to describe the use of the
>> five-day
>> >> >> add grace period to register domains without paying for them and
>> find
>> >> >> those domains which generate certain traffic for pay-per-click
>> >> >> advertisements. We think these are unfair acts: somewhere between
>> >> >> larceny and extortion, because the registration cost is zero and
>> the
>> >> >> purpose of these registrations is just to make money by taking
>> >> >> advantage of automated bulk registration to exploit the domain
>> names,
>> >> >> which are in essence 'public goods', and not the real property of
>> >> >> anyone.
>> >> >>
>> >> >> As many people have noted, this practice is exploiting a
>> loophole that
>> >> >> shouldn't exist in the first place. There was a great deal of
>> debate
>> >> >> both in the ICANN community about the deletion grace period, but
>> none
>> >> >> at all about add grace which was apparently tossed into the
>> package by
>> >> >> an ICANN staffer without asking anyone. So says Karl Auerbach,
>> who was
>> >> >> on the board at the time, and we haven't seen anything to the
>> contrary
>> >> >> from any other board member.
>> >> >>
>> >> >> As Bob Parsons, CEO and Founder of Go Daddy, wrote in his blog:
>> >> >> Millions of good .COM domain names – on any given day over 3.5
>> million
>> >> >> and climbing — are unfairly made unavailable to small businesses
>> and
>> >> >> others who would actually register and use them in ways for
>> which the
>> >> >> names were intended. Many times businesses accidentally let their
>> >> >> domain names expire. When they go to renew them, they find they
>> have
>> >> >> been snapped up – and taken away with a huge expensive hassle to
>> >> >> follow – by an add/drop registrar.
>> >> >>
>> >> >> The usual explanation of domain tasting says that the registrars
>> >> >> register millions of domains, watch the traffic, and then after 4.9
>> >> >> days they delete the ones that don't seem likely to make back the
>> >> >> US$6.00 registration fee. Often they just delete them all and then
>> >> >> reregister what they can a few minutes later until they find the
>> >> >> domains that produce enough traffic to yield a return well above
>> the
>> >> >> registration fee.
>> >> >>
>> >> >> The add grace period is just a mistake. The problem it purports to
>> >> >> solve is not and never was an important one. If you let an
>> important
>> >> >> domain expire, you risk losing the entire investment made in that
>> >> >> domain over many years. But if one registers a domain by
>> mistake, the
>> >> >> most one risks is the ten or twenty dollars you paid to register
>> it.
>> >> >>
>> >> >> _______________________________________________
>> >> >> ALAC mailing list
>> >> >> ALAC@xxxxxxxxxxxxxxxxxxxxxxx
>> >> >>
>> >>
>> http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
>>
>> >>
>> >> >>
>> >> >> www.alac.icann.org
>> >> >> www.icannalac.org
>> >> >>
>> >> >>
>> >> >
>> >> >
>> >>
>> >>
>> >> --
>> >> Wendy Seltzer -- wendy@xxxxxxxxxxx
>> >> phone: 718.780.7961 // fax: 718.780.0394 // cell: 914.374.0613
>> >> Visiting Assistant Professor of Law, Brooklyn Law School
>> >> Fellow, Berkman Center for Internet & Society
>> >> http://cyber.law.harvard.edu/seltzer.html
>> >> http://www.chillingeffects.org/
>> >>
>> >>
>> >
>> >
>>
>>
>> --
>> Wendy Seltzer -- wendy@xxxxxxxxxxx
>> phone: 718.780.7961 // fax: 718.780.0394 // cell: 914.374.0613
>> Visiting Assistant Professor of Law, Brooklyn Law School
>> Fellow, Berkman Center for Internet & Society
>> http://cyber.law.harvard.edu/seltzer.html
>> http://www.chillingeffects.org/
>>
>
>
--
Wendy Seltzer -- wendy@xxxxxxxxxxx
phone: 718.780.7961 // fax: 718.780.0394 // cell: 914.374.0613
Visiting Assistant Professor of Law, Brooklyn Law School
Fellow, Berkman Center for Internet & Society
http://cyber.law.harvard.edu/seltzer.html
http://www.chillingeffects.org/
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