remove the seizure policy

[Judith Oppenheimer <joppenheimer@icbtollfree.com>]

"You agree that we may, in our sole discretion, delete or transfer your
domain name at any time."

Revocation-with-no-cause-and-no-due-process language, and the language
that supports and/or mandates it, needs to be removed from every domain
name-related document.

Paragraph 3 of  the Uniform Domain Name Dispute Resolution Policy
http://www.icann.org/udrp/udrp-policy-29sept99.htm says, "We may also
cancel, transfer or otherwise make changes to a domain name registration
in accordance with the terms of your Registration Agreement or other
legal requirements."

Paragraph 7 says it again:  "Maintaining the Status Quo. We will not
cancel, transfer, activate, deactivate, or otherwise change the status
of any domain name registration under this Policy except as provided in
Paragraph 3 above."

As such, domain names can be canceled, deleted or transferred at any
time, with no due process,  because all of the existing Domain Name
Registration Agreements say so:

Network Solutions (NCI)
http://www.networksolutions.com/legal/dispute-policy.html
Revocation. The registrant agrees that Network Solutions shall have the
right in its sole discretion to revoke, suspend, transfer or otherwise
modify a domain name registration upon thirty (30) calendar days prior
written notice, OR at such time as Network Solutions receives a properly
authenticated
order from a court of competent jurisdiction, or arbitration award,
requiring the revocation, suspension, transfer or modification of the
domain name registration.

CORE - Council of Internet Registrars (global)
http://www.corenic.org/dispute-policy/CORE-dispute-policy.htm
Revocation. The registrant agrees that CORE shall have the right in its
sole discretion to revoke, suspend, transfer or otherwise modify a
domain name registration upon thirty (30) calendar days prior written
notice, OR at such time as CORE receives a properly authenticated order
from a court
of competent jurisdiction, or arbitration award, requiring the
revocation, suspension, transfer or modification of the domain name
registration.

Domain Bank
http://ru.domainbank.net/reg_agreement.cfm
Breach and Revocation. ... You also agree that Domain Bank shall have
the right in its sole discretion to revoke, suspend, transfer or
otherwise modify a domain name registration upon seven (7) calendar days
prior written notice, OR ...

A+Net/ABACUS America, Inc. (United States)
dba Names4Ever
http://www.names4ever.com/dp.html
Revocation. The registrant agrees that A+Net shall have the right in its
sole discretion to revoke, suspend, transfer or otherwise modify a
domain name registration upon thirty (30) calendar days prior written
notice, OR ...

NameSecure
http://www.namesecure.com/services/registration_agreement.cfm
REVOCATION. ... You agree that we may, in our sole discretion, delete or
transfer your domain name at any time.

Register.com
http://register.com/service-agreement.cgi?1|142560921
Breach and Revocation.  You also agree that register.com shall have the
right in its sole discretion to suspend, cancel, transfer or otherwise
modify a domain name registration upon seven (7) calendar days prior
written notice.

This language is in place in *every* registrar/registrant agreement,
because the existing ICANN Registrar Accreditation Policy mandates it in
"Business Dealings, Including with SLD Holders":

"The SLD holder shall agree that its registration of the SLD name shall
be subject to suspension,  cancellation, or transfer by any ICANN
procedure, or by any registrar or registry administrator procedure
approved by an ICANN-adopted policy, (1) to correct mistakes by
Registrar or the registry administrator in registering the name or (2)
for the resolution of disputes concerning the SLD name."

********
This language and any language like it, in the ICANN Registrar
Accreditation Policy, in the UDRP, and in the Registration Agreements,
needs to be removed.
********

TRADEMARK DISPUTES

Trademark disputes have absolutely no place in this arena.  No less than
the FCC has ruled:

"... we find that [trademark] issues properly should be addressed by the
courts under the trademark protection and unfair competition laws,
rather than by the Commission." FCC CC Docket No. 95-155 Toll Free
Service Access Codes ) , FOURTH REPORT AND ORDER AND MEMORANDUM  OPINION
AND ORDER , Adopted: March 27, 1998 Released: March 31, 1998, Para 7.

Therefore, a toll free vanity number that is in trademark dispute can
only be canceled, revoked, transferred, or denied portability by a court
order, not by the FCC or a carrier or RespOrg.

Domain names should be treated no differently.

Judith Oppenheimer

--
Judith Oppenheimer, 1 800 The Expert, 212 684-7210
mailto:joppenheimer@icbtollfree.com
Publisher of ICB Toll Free News: http://icbtollfree.com
Publisher of WhoSells800.com: http://whosells800.com
Moderator TOLLFREE-L: http://www.egroups.com/group/tollfree-l/info.html
President of ICB Consultancy: http://JudithOppenheimer.com