ICANN Finds No Wrong Doing in Domain Front Running 132
eldavojohn writes "Remember the investigation ICANN did in domain name front running? Well, it turns out that there was no wrong doing going on at all. What went wrong? Domain name 'tasting', which involves a free five day trial of a domain name, was the big culprit. From the article: 'In some cases ... the committee found that a separate practice of domain name tasting may be causing problems. That refers to someone testing the financial viability of a name for up to five days and then returning it for a full refund, using a loophole in registration policies. Domain tasting can tie up millions of Internet addresses, including ones someone checks but does not buy.' If you check for availability of a website and someone sees you do it and they reserve it before you, it's fair play."
Nice. (Score:5, Insightful)
Captain Obvious to the rescue!
I guess it's high time to support truly free DNSes, rather than the corporates. All they do is scam and then hide.
Re:Nice. (Score:5, Insightful)
An example: I'm acting as your agent, or you are considering retaining me as your agent. There's a property you're interested in that appears to be a great deal. You tell me about it and ask my opinion. I tell you I'll check it out and get back to you by tomorrow. Recognizing that it is indeed a great deal, that evening I put in an offer to buy the property myself and leave you out in the cold.
That is both unethical and illegal, and is essentially the same thing that NetSol or any other registrar does when they practice front-running (they're in the position of being your agent, or prospective agent). It's hard to see how ICANN sees nothing wrong with that. True, it may not be illegal or against ICANN's rules, but it certainly ought to be.
Re:Nice. (Score:4, Informative)
It's like you go place a reservation on the property in your name in order to prevent some third party from getting buying it before your client does. However, by doing this you also prevent your client from using another agent to buy the property.
I'm describing the Network Solutions tactic, not anyone else. Were you saying that NS will refuse to sell it to you while they squat on it or take it over as their own? I hadn't heard of any cases of them doing that.
I still think their practice is at best highly questionable, and most likely predatory, but just wanted to make sure that their practice was being accurately represented.
Re:Nice. (Score:5, Informative)
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When it gets through to ICANN that they are supposed to be preventing such conflicts and they actually start doing what they are charged to do, this will all stop.
ICANN is likely dominated by the very companies they are charged with regulating.
Oh hell, put me in charge of ICANN and this will all stop right away. They can do domain tasting, for a
What ICANN is (Score:5, Interesting)
Next they were taken over by intellectual property attornies from multinational corporations. Once they'd had their way with internet law and policy came...
Is it any wonder they didn't find anything wrong with the practice they invented and make money from?
The US Government mandate ICANN operates under says they must be "open and transparent" and are not to create policy, but to determine the consensus of the Internet community and implement policy based on this. I have personally watched them chnage their bylaws retroactively to prevent the "wrong" poeple from being a part of the organizatin. I've personally watched them kick people out of meeings advertised beforehand as "open to anyone". I've personally wathced them adopt policies where only 13 out ot 1000 people agreed with the policy. I can go on for hours about things like this.
They are one of the most secretive Internet organizations to ever exist. Does anybody else remember Karl Aurbach, when elected to the board had to sue just to see the books? How many organizations do you get to be a board member off but the corporate books are kept secret from you? Why would you need to keep those books secret in the first place.
ICANN was supposed to be a "membership organization". A decade has gone by. Can you find any way to become a voting member of ICANN? Nope. Doesn't exist. You know why? They're scared they'd be voted out of office and for damn good reason.
ICANN runs on a $60M a year budget and it a beurocraic nightmare more complex than the UN in terms of its org chart. (cf. Rutkoswki's brilliant diagram of same. It does NOT fit on a regular sized piece of paper). Now keep in mind the job it does used to be done by Jon Postel as a part time task ("IANA") for $15,000. a year.
When Jon announced there would be new tlds coming ("300 at least, 75 in the first year") the intellectual property attornies made his life a living hell and he sought a legal entitiy as IANA had no legal personality and he himself did not want to assume personal legal liability for adding
If you think ICANN is the best and the brightest of the internet you're sadly mistaken, and if we, as the internet community cannot do better than this, then shame on us all, squared.
Scrap ICANN. Make something useful.
A good starting point would be the consensus points from the last IFWP conference - this was to have been ICANN before thart effort, and a years work to reach that consensus, was scuttled by the actors operating in the shadows who have controlled it ever since in a regime where only they benefit.
Or roll your own root. The only reason ICANN is on power is because they control the legacy root zone. If nobody used it any more, they would fade into the sunset where they belong.
If Linux computers used a different set of root servers, who cares what Microsoft and ICANN did.
Read this: http://iconia.com/before_the_dns.txt [iconia.com]
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And I'll keep trolling.
http://slashdot.org/~sydneyfong/journal/192584 [slashdot.org]
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And how long do you think it would take them, if this became widespread, to demonize it as a tool of "terrists", "hackers", and pedophiles and outlaw it? The powerful do not relinquish power easily.
Cheers!
Strat
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The great beautry of the internet is it's "edge controlled" and there is no central control, that is everybody who has the root password to their little piece of it gets to say what their machine does. As such time as the government subsidizes tool becomes not the best tool to use and some other tool is superior, it'll be used instead.
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I am not a lawyer but I am in college and have taken business law last semester.
What you described is the role of an agent (or employee) and what legal obligations they have to a client. A company also is an agent relationship with alot of employees and customers too to a certain extent.
I assumed with domain tasting someone would monitor the connection and then quickly register any domains that someone typed in by sniffing. However if the ISP is doing this then yes its an agent/client relati
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The thing is, as far as I know, you can't return a house in a few days/weeks and get a full refund. You're stuck with the property. This is a disincentive to do something like that.
Similarly, ICANN feels that they should provide a disincentive for front-running. The root cause is the domain tasting loophole. That provides an incentive for companies like Network Solutions to snatch up a domain and hold it for ransom. After all, if you don't register it in a few days, they get the fee back and don't lose any
In Other News.... (Score:5, Funny)
"ICANN fails to find own ass with both hands."
Film at 11. If we can find it.
Re:Nice. (Score:5, Informative)
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Not a criticism mind you--it's a great idea--just thought that you would want to know.
Re:Nice. (Score:5, Informative)
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Re:Nice. (Score:4, Informative)
2. Domain registration != Domain availability in the DNS. It is entirely possible to register a domain and not be able to query it in the DNS. You can only use WHOIS to verify it.
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Ok... (Score:1)
Not even "fair" here. (Score:5, Insightful)
If they were randomly guessing domains and "tasting" them, who would care?
It's when they have info that you do not have that this becomes a problem.
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Re:Not even "fair" here. (Score:5, Insightful)
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In some cases ... the committee found that a separate practice of domain name tasting may be causing problems
ICANN acknowledged that domain tasting is bad and is considering charging a $.20 non-refundable fee to registrants per domain reserved. This would more or less end domain tasting, or at least create an economic disincentive for registrants to do it.
If they would put this $.20 fee in place, then people would just start writing scripts to generate millions of random queries per day, and the practice would end overnight
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In other words, it's not the vengeful script operators who would incur any cost, but rather the vultures who are watching people search for available domain names.
Re:Not even "fair" here. (Score:5, Informative)
Here is an experiment that I encourage you to try on your own: I just now, right now, made up the domain flipperjikk.com. Make up your own and follow along. Use long random strings of letters to make sure it's not an accident. I went to GoDaddy and did a search and the domain is available. Great! I then went to Network Solutions and searched for the same domain name, just to be sure. Yep, it's still available. Immediately, I went back to GoDaddy, and lo and behold, in the 15 seconds since I checked the first time, somebody else must have come up with the exact same domain name as I did, because flipperjikk.com appears to have now been registered, and is no longer available. And it cost Network Solutions nothing to register this, because they can just get a refund in 5 days if I decide not to register it. The insidious part is, odds are that domain may NEVER become available again, because once the 5-day period expires, some squatter will see it's expiring, someone's interested in it, and register it for themselves, using the same technique. Domains can sit in limbo for months going back and forth between different shell companies using this trial period. Nobody pays a dime (or two) for all this activity.
The script I mentioned could search the availability for random domains all day. djiuqeruoweit.com, agrhlreijilaer.com, wejhafkljherk,com, etc. The registrants would be overwhelmed with searches, and they would no longer be able to tell which domains people were actually interested in, and which ones were garbage. If they register all the searches using an automated script (which they clearly did with flipperjikk.com) it would cost them millions per day.
This $0.20 tax would in no way hurt you and I. It would just discourage the registrants from registering every domain that they think people might be slightly interested in, because now it costs them money.
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Re:Not even "fair" here. (Score:5, Insightful)
The solution to all this is for registrars to be prohibited from selling domain names, they should only be in the business of providing their "clerical" service, registering your domain name and putting your numbers in the root nameservers.
By their buying and selling domain names themselves they have created a giant conflict of interest.
I don't say they shouldn't be able to buy and sell domains, just not while they are a registrar.
They should give up their registrar business, or only own the domain name they operate under. And no others.
Registrars have a special position, they have access and knowledge that others do not.
Like the real estate agent mentioned in the parent- he has knowledge he gains due to his position that professional ethics prohibit his using for his own gain.
Similarly registrars have knowledge that others do not, and by their using it for gain they are cheating everyone who is not in their special position. Unfortunately they have no ethics so they have no problem using their special position to screw everyone else.
It's a conflict of interest.
We need to give them ethics by prohibiting their trading in the commodity they have their special position in. Domain names.
Get your hands off! (Score:1)
Yeah, but how exactly are they "seeing" this? (Score:4, Insightful)
Transporter_ii
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Say for instance I visit your website. And your website has forums. And I search on your forums. Does this mean everybody on the forums (or even off the fo
It certainly is deceptive... (Score:5, Insightful)
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- August
Re:It certainly is deceptive... (Score:5, Insightful)
> I used to do telephone tech support for software. I quickly learned that if there's an OK button on the caller's screen, I never said OK, because the odds were that the caller would click on it. I can easily see this type of person clicking OK five, or even ten times on a typoed domain name without bothering to read the message even once. No, if you want to avoid typos, have them type the domain name twice, like many programs do with setting passwords and not continue unless they match. Yes, people can always use copy/paste to get around that, but if there's only so much you can do to protect people from their own missteaks.
Re:It certainly is deceptive... (Score:4, Funny)
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Indeed.
Make no mistake, I fully agree with your post (+5 Insightful), but this evening I somehow just can't help myself.
I'm not normally a grammar nazi or anything, it's just so ironic that now I think of it, "missteak" was probably intentional there...
Sorry.
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Of course. Alas, I only wish the others had been intentional as well.
netsol (Score:1)
ICANN finds many coincidences... (Score:5, Interesting)
That, of course, is a load of horse feathers. There were countless examples of the practice being exposed by people searching for domains like NETSOLSUCKSALOT12300091.COM. Were there really many parties interested in that domain?
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I hope they will work on their excuses a little harder next time. They should know who their audience is!
Re:ICANN finds many coincidences... (Score:5, Funny)
Shit, you were the one who took that?
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Checked a bunch of entirely unrelated domain names. I get a purge list nightly so knew they hadn't been registered for at least a year prior to that. Put them on a shopping list to consider and then went to purchase a few a few days later. 10+ of the best ones had been bought and vaguely monetised, all by the same domainer.
The registrar denies that their online tool was being watched/tracked (even said it was
Did not examine Network Solutions (Score:5, Interesting)
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The idea was that people couldn't use our site/servers to find a domain's availability, and then register it via godaddy.
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Despite the fact that you "never kept any", you still stole the right to buy for a period of days. Can you imagine that happening with another commodity? Take lawnmowers for example:
"Can I buy a John Deere 324 here?"
"Yep.
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"Yep. Now that you have asked, we're the ONLY place that you can buy it for the next 5 days. Oh, during that period we'll be willing to sell it to you for five times more than home depot."
Since somebody brought up Realty on this thread, I'll just mention that Realtor contracts often work pretty analogous to the example above, with the further broadening that you would be tied to the company even if you bought a different make or model of lawn tractor.
Most Buyer's agent
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Or maybe it's because YOUR WHO
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You're such an asshole.
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Further proof - if any more was needed - that Network Solutions is a bunch of mindless jerks who'll be the first up against the wall when the revolution comes.
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Thanks for posting. The explanation seems believable in a "management that has no clue" kind of way, unlike the explanation given on your website:
In response to customer concerns about domain names being registered by someone else just after they have conducted a domain name search, Network Solutions is implementing a new security measure to protect our customers.
Network Solutions may reserve domain names that are searched on our Web site for up to 4 days. During this period, these domain names will only be available to register at networksolutions.com. [...] This protection measure provides our customers the opportunity to register domains they have previously searched without the fear that the name will be already taken through Front Running.
...which is clearly a bald-faced lie. As if this has anything to do with "protecting" customers, and even if it did, you're engaging in the exact practice you claim to be "protecting" your customers from!
As for the whole "stop people searching through us and registering elsewhere" argument, it's not as if GoDaddy and every other domain registrar doesn't have
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Yeah, those same five days you use to lock a customer in at your jacked up prices?
That's called tasting. In fact, ICANN explicitly calls it domain tasting.
You were already an asshole for working with Network Solutions. That claim that you "never tasted" domains just made you into a lying asshole.
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Whew (Score:5, Insightful)
That's a load off my chest!
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They didn't examine NetSol's practice (Score:3, Informative)
"The report, brought before the ICANN board in New Delhi on Friday, did not examine a controversial practice by domain name seller Network Solutions LLC of grabbing names that people search for on its Web site but don't immediately register."
I wonder why -- that should be the hot topic of the meeting. NetSol is using another loophole in the ICANN process (after previously being responsible for wildcard *.com records scandal, then under Verisign name) and ICANN has other topics to talk about? WTF?
WANTED: (Score:2)
If it was spread out eno
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"If you check for availability of a website and someone sees you do it and they reserve it before you, it's fair play."
When the site that you visit to check on availability does this automatically with their computers seconds after you type in the name, it's hardly fair. I've checked several names in the past that are listed for a nominal fee, but by the time I get to the payment/price page, they have suddenly jumped to thousands of dollars. Then a few days later, they drop back down. When I've re-checked, them the process repeats. In essence, any name that you check is automatically bought up before you get a chance
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Then, there's the allegations that ISPs, whois cache providers etc. sell or abuse their query statistics to snag up unregistered domains that received the most queries, in which case your solution wouldn't do
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It wouldn't do any good, because it costs them nothing whatsoever to "taste" all those addresses! Not a dollar per domain. Not ten cents per domain. Not even a fraction of a cent per domain! Nothing! Nada! Zilch! Zero!
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It's something worse. Just confirms to me that the ICANN are a corrupt lot.
put out the fix, Then Beat the Evil ones (Score:1)
I don't care what they say about this or that company now (right Vs. good;wrong Vs. Evil Vs. bad). What has happen is done.
They know what is the problem; the Test time. How likely are you to know if a domain name is going to be profitable in less then 5 days? They should just drop the test time, but they are thinking of charging a little fee.
The bad guys will just add some bigger fee to their prices to counter it return fee. A lot of people out there will pay it. They go to the 1st site that will tell t
Wow, I just got hit by this today. (Score:5, Interesting)
The logic went something like this - some "unethical third party" could be snooping on my connection, and, seeing that I was looking into a domain purchase, they could snap up the domain and then try to sell it to me at an inflated rate. Of course, if they were to buy the domain from Network Solutions, nothing would stop them. But if they tried to buy it somewhere else, good old NS has my back. Isn't that swell of them?
Fortunately, the guy was reasonable, and released the hold on the domain. He then tried to upsell me on some stupid hosting service, and I'm like, "Umm, no, I do my own development. And I'm going to buy this domain someplace that doesn't charge $30 a freakin' domain."
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Isn't that exactly what happened?
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No. NetSol is the unethical second party, not third.
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I just had to try this.
I went to networksolutions website and check for availability of "fumpu.com"
It's available! Plus the
Then immediately went to godaddy and looked it up there.
FUMPU.COM is already taken!
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Easy workaround - Buy without checking first (Score:5, Interesting)
On the other hand, if it really is front-running, charging for formerly-free tasting will reduce it a bit (because the front-runner will need to spend actual money, not just kited money), so you'll only get ripped off by people who think it's worth gambling the proposed 20-cent ICANN fee or maybe the whole $6 on selling you the domain name.
It's easy to work around that, though - if you think of a name you might want to use, and want to check if it's available, just buy it from your favorite registrar rather than checking; if it's already in use you'll get rejected. That's less helpful if you want to buy the
Also, of course, if front-running sticks around after there's a fee for tasting, it's much more effective to run an automated check-lots-of-names bot that costs front-runners money on gambles that always lose than if it's only costing them free kiting. (There are ways to fight back - captchas on name queries, for instance - but there are also name-grabbers who use DNS/Whois queries, and you can keep querying those without captchas, and not only do those people deserve to lose even more than registrar name-grabbers, but the DNS operator for the
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other devs wanted to try various domain names. I of course warned them
about the sort of practices you can expect on the net, and recommended
a quick brainstorming session to come up with good names to try FIRST,
then we'd go to our fave registrars to actually buy it only once we've
settled for a few good names.
We're going for a domain in a TLD which is supposed to be only for
"serious business", a country TLD, but anyone can get an org. numbe
Bullshit (Score:5, Insightful)
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According to most banks, yes.
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Tasting is what did it in (Score:1)
ICANN? (Score:2)
ICANN stands for I CAN SHIT.
When ICANN speaks have a plunger handy.
Of course this is going on. But insiders looking at queries is such a small problem anyway, it sounds more like ICANN just trying to come off as a good samaritan. Insider DNS info? Querie spying? These are the least of our worries.
Although one of many scams, the practice of registering expired domains is probably the worse. But this i
What a surprise (Score:4, Insightful)
Possible solution? (Score:2, Insightful)
I would be surprised ... (Score:1)
Need to rename org to (Score:2)
What happened to the common sense factor to business? It's bad enough they allowed the debacle of people that didn't own the trademark to a term getting to register that as a
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It went bankrupt.
This will all come crashing down very soon. (Score:1)
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a really large bot net would probably succeed though with interval-based anonymous lookups. not to give anyone any ideas though...
Sounds like we should do a distributed project (Score:3, Interesting)
For every problem, there is a solution...
Impeach? (Score:1)
Another way to get screwed... (Score:1)
What ICANN should do (Score:4, Insightful)
To support this usage model without the kind of abuse we are seeing, reservation should be limited to one hour and should cost the registrar a small amount (maybe 1-20 cents) per reservation. If the customer eventually purchases the domain, the cost of the reservation will not have a ssignificant inpact on the profitability of the transaction.
A simple no refund policy will eliminate the domain kiting scams that are getting happening.
The other place where abuse can occur is when a domain expires. I would propose the following procedure to insure that nobody can lost their domain without really trying:
Once the domain expires, the DNS record is removed from the top level server. After this happens, the (former) owner will have the exclusive right to renew the domain for a period of 45 days. This renewal will be at the normal price, but will start at the expiration date, and not the renewal date. (Thus you lose the time that the DNS was disables.) The 45 days will allow the domain owner to notice that something is wrong, and should be plenty of time for a domain holder to notice their web site or email address no longer works.
After the 45 days, the domain becomes available via an auction which will last at least 15 days. The reserve price of that auction is the normal domain registration fee, with the domain's registrar receiving the proceeds of the auction (to encourage them to not game the system) The auction should have some mechanism to avoid ebay style sniping -- maybe the auction does not close until 1 full day after the last bid is received.
If the auction fails, then the domain returns to the pool, and is available on a first-come first-served as any unregistered domain is.
Slumming (Score:4, Informative)
About the best you can hope for is:
1) Get a good domain name.
2) Hope that the registrar does their job to protect anybody from stealing right out from under you.
I have always recommended to my clients to have a couple of meetings beforehand and choose several names very carefully. Take their time and think it through. When they are ready to get the domain names, I have described it as being similar to sniping auctions on eBay. Be prepared to hit "click" as fast as possible.
Basically, don't be searching for a domain name. Already have an idea and be prepared to make a decision right there on the spot. That's the only way to truly stop domain tasting.
Rule of law (Score:4, Interesting)
If you dont want people to support the Mafia, Jihadists, vigilanty groups and various kinds of thugs hitting people with baseball bats, drilling kneecaps with electric drills, or randomly killing and calling it "summary justice", then you have to have a better legal system. If people cant get redress for this kind of thing through the law, you can expect they will take the law in their own hands.
In short, its governments that behave like this that create third world countries.
Mod parent up, insightful (Score:1)