You are saying if someone listed a name for sale they did not own that we could take it from the real owners account and move it to the buyer. Unless I am missing something that did not happen. You listed a domain name that you owned and it was moved to the buyer.
Without the domain name it would be hard to say for sure what happened but knowing the rules that ICANN has in place for domains to change hands and the legalities of taking a domain name without permission and the way our systems work, I do not believe that what you surmise as potentially happening is plausible. Not only would we be at risk but so would Name.com in this case and they would not move a domain name without just cause and legal and ICANN requirements being met or they too could be held at fault so, again, I do not see any way that this would happen which is different than what you are describing actually happened. We simply cannot take domains from other registrars and move them to buyers without the permission of the current owner and the current registrar.
I agree, knowing the rules ICANN has in place for domains to change hands and the legalities of taking a domain name without permission and the way your systems works is exactly what this incident is so troubling. It should absolutely not be possible for it to happen. But it did happened regardless.
And that is my entire point of bringing this to your attention. Afternic simply took a domain from me at Network Solutions (not name.com) that I had not opted in to fast-transfer, and I was not asked to authorize an internal push. I first worked with the escrow manager on a manual push for a week or so, but due to technical issues with netsol, it did not move forward.
Without asking me if it was okay, the escrow agent then proceeded to reached out to netsol and asked them to hand over the domain directly, and netsol complied immediately, without asking me, as the owner, whether I actually wanted to let it happen. I, as the domain owner, was never asked to approve this in any way, and whether I actually sold the domain and wanted to let Afternic get it was never asked by netsol either. What if if the domain was not owned by me? I could have listed somebody else's domain for sale. Then the real owner would suddenly have discovered that their domain had silently been removed out of their account. Bypassing any kind of opt in and authorization of ownership transfer is really risky. Why network solutions allow afternic to do this is what I don’t understand.
If netsol had asked me to authorize the account/ownership transfer, I would have done it right away (I have delivered 100% of sold names through afternic and I never fail to honour a sale). You say this is not a problem because "You listed a domain name that you owned and it was moved to the buyer." But the problem is that neither Afternic nor NetSol ever checked whether I was the owner (WHOIS for the domain did not match my Afternic details), they just took the domain right out of the registrar account. So the point I am making here is that that Afternic/NetSol took a domain right out of a registrar account without any kind of authorization, to fulfill an Afternic sale where they didn't know/check whether owner/seller was the same person.
So the issue here is twofold, firstly that the escrow agent would act in this way and attempt to reach out to take a domain without the owner’s approval, and secondly (which is where the icann issue comes in), that network solutions allowed/complied with this request from Afternic without asking the owner. The fact that this took place has been confirmed by both the afternic escrow agent and the netsol registrar. I am not describing a "what if" scenario, I am describing what has happened.
However, since NetSol, Afternic escrow, and you do not think this is problematic, I will stop flogging a dead horse. Sorry for bothering to bring up what seems to be a non-issue to everyone involved but me, as what happened is apparently acceptable for afternic and registrars to do.
