Re[2]: What to do against a Registrar who abuses his position?

From: William X. Walsh (william@userfriendly.com)
Date: Tue Sep 05 2000 - 19:31:38 EDT


Hello Paul,

Tuesday, September 05, 2000, 4:17:45 PM, you wrote:

> "William X. Walsh" wrote:
>>
>> Sorry, Paul, but there is simply no reason for the owner not to be
>> listed as the admin and every reason for them to be the admin contact.
>> The fact is, in reality and in common practice, for the admin contact
>> to be considered the owner of the domain name. And there is NO reason
>> for the ISP or person managing the domain to have to be the admin
>> contact, when they can be the technical contact. The billing contact
>> should be the person responsible for paying the domain fees.

> What are the compelling reasons for the owner of the domain to be the
> admin contact?

Because of exactly what I said above. The Admin contact is for all
intents and purposes the owner of the domain name. Regardless of your
status with the customer, the customer should have ultimate control
over the domain name should they ever no longer require your services
for whatever reason. The only way for them to do that, without
extreme hassle, is to be the admin contact of their domain name.

There is no reason for any ISP, contractor, whatever you want to call
it today, to be listed as the admin contact. There is nothing they
need access to that is gained by being listed as the admin contact
that they can't get by other accepted means, without placing the
customer in this situation.

Why do you need to be the admin contact for the domains?

> It may be a fact of life but that doesn't mean that ethical companies
> can't provide a good service. The ethical companies are answering

The ethical customers can do this without being the admin contact.

> You don't address the situation I explicitly listed, where a company is
> paid explicitly to deal with all aspects of domain management, with the
> full knowledge of the client that the company is acting on their behalf
> in all matters. We have many clients who just have a PC in their bedroom

And again, this does not require that the ISP be listed as admin
contact.

> and know nothing about the internet but are selling their "hobby" in
> their spare time on their website. These clients wouldn't know what to
> do with any contact from the registrar and would immediately pass the
> matter on to us. In those cases they knowingly and willingly make us the
> admin contact.

I question the knowingly part. I do not think they understand that
this effectively makes you the owner of their domain names, and that
in the event of a dispute, you could assert ownership rights over
their domain name. I think those customers are not being explained
that being the admin contact for their domain is nothing to be scared
of, or to be feared. And that being the admin contact does not mean
they are not permitting their ISP to manage the domain for them as the
tech contact.

> I think you're trying to make it a clear cut issue when it isn't one.

It really is one. There is no reason for an ISP to be the admin
contact, and no reason for the customer to not be the admin contact.
In my eyes, and I think I am not alone here, that is a clear cut
matter.

> It seems to be the assumption here that the only people selling domain
> names are the mass resellers from their web sites. That's not the case,

My statements are not based on that assumption at all. Actually
a couple of my biggest "customers" register domains as contractors for
sites they are paid to manage. However, in every case, the owner is
listed as the admin contact.

> there are many companies who provide a domain name as part of an overall
> support service and are "ethical" in that they ensure that the ownership
> of the domain is correct but take over the role of administering it.

Again I ask you, what is it that you need to be the admin contact to
do on behalf of your customers that you could not do as the tech
contact?

What is the negative to the customer to be listed as the admin contact
for their own domain?

-- 
Best regards,
 William                            mailto:william@userfriendly.com



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