Hello,
--- Ben Kennedy <ben@zygoat.ca> wrote:
> On 25 9 2004 at 11:20 pm -0400, George Kirikos wrote:
>
> >explicit opt-in is the most honourable course
> >
> >Explicit opt-in can even be sent via the renewal notices
>
> As an aside, to help drive Robert's point -- what kind of "opt-in"
> can
> there be that is NOT explicit?
Network Solutions changed their Registration Agreement:
http://www.networksolutions.com/en_US/legal/static-service-agreement.jhtml#domains
adding language to Paragraph 14 of Schedule A that reads:
"14. Grace Period; IP Address Changes; Renewal and Transfer of Expired
Domain Names on Your Behalf. You agree that we may, but are not
obligated to, allow you to renew your domain name after its expiration
date has passed. You agree that after the expiration date of your
domain name registration and before it is deleted or renewed, we may
direct your domain name to an IP address designated by us, including,
without limitation, to an IP address which hosts a parking, under
construction or other temporary page that may include promotions and
advertisements for, and links to, Network Solutionss Web site, Network
Solutions product and service offerings, third-party Web sites,
third-party product and service offerings, and/or Internet search
engines, and you agree that we may place our contact information in the
WHOIS output for the expired domain name. Should you choose not to
renew your domain name during any applicable grace period, you agree
that we may, in our sole discretion, renew and transfer the domain name
to a third party on your behalf (such a transaction is hereinafter
referred to as a Direct Transfer)......"
To me, that's not an explicit opt-in mechanism.
1) It's bundled in with the registration agreement, so can't be
unbundled.
2) It was effectuated through the changing of the Registration
Agreement only (nothing to click on to accept).
3) It relies upon a "failure to respond" by the Registrant
(inconsistent with the EDDP, http://www.icann.org/registrars/eddp.htm,
section 3.7.5.1 "which does not include failure of a registrant to
respond").
So, NSI has (at least in their eyes) opted all their registrants in,
implicitly, through their inaction, as they say they can modify their
Agreement at will (and the changes are accepted implicitly by
registrants).
How would an "Explicit Opt-In" mechanism work? The auctioneer
(registrar, etc.) sends an email (perhaps with the expiry notices) that
sends one to a site that asks for separate permission to auction the
name prior to its deletion, and takes in the relevant payment
information at that time to remit funds if the domain name sells.
Sincerely,
George Kirikos
http://www.kirikos.com/
This archive was generated by hypermail 2.1.3 : Tue Oct 19 2004 - 23:37:59 EDT