ICANN Query re email that I have received

[scooby47]

Received this email today re one of my domains. Is this some random audit type email that is sent out? or is it triggered by someone querying / challenging your whois domain information with ICANN ???

All of the information is correct as per the whois. Is any action required at all?

WHOIS Data Confirmation for [ xxx.com ] domain name


"ICANN, the organization responsible for the stability of the Internet,
requires that each domain name registrant be given the opportunity to
correct any inaccurate contact data (WHOIS data) associated with a domain
name registration. Our records for your domain are as follows:"
All domain info in the middle of it

Blah blah blah


"To review and update your WHOIS contact information, please log into
our management interface at: https://manage.opensrs.net
If any of the information above is inaccurate, you should correct it.
If all of the information above is accurate, you do not need to take any action.
Please remember that under the terms of your registration agreement,
the provision of false WHOIS information can be grounds for cancellation
of your domain name registration.
If you have any questions or comments regarding ICANN's policy, please contact
them directly at [email protected]."


I would be very greatful if anyone can shed any light on this.

Many thanks

Scooby

 

[accent]

Looks like a normal yearly reminder. If the info is correct you can ignore it, in my opinion.

By the way there are a few stories of people losing their domains due to false whois information - really harsh.

 

[Name Trader]

It looks like a normal annual checkup (required of all registrars by ICANN). Looks like you have the domain registered with a Tucows Reseller. If your whois info is correct, no action required.

 

[Peter]

By the way there are a few stories of people losing their domains due to false whois information - really harsh.

Why is it harsh? When you buy a domain name you agree to the fact that you will provide genuine whois details. If you do not keep your side of the agreement they have every right to withdraw the name from you.

 

[accent]

Why is it harsh? When you buy a domain name you agree to the fact that you will provide genuine whois details. If you do not keep your side of the agreement they have every right to withdraw the name from you.

This goes to the old arguement: are domains property?

If they are property then they are yours to use in any legal manner. If not then the registrys can lay any rules they wish.

I am libertarian about such things, and value privacy, but I think most people would agree that taking a high value domain name because the email was incorrect (the other info was correct, no attempt was made to phone or write) and selling it for $$$$$ - as a well known registrar did recently - was harsh, and unethical IMO.

 

[Peter]

This goes to the old arguement: are domains property?

If they are property then they are yours to use in any legal manner. If not then the registrys can lay any rules they wish.

If you go take a look at the terms of service of the registry that you agreed to when buying the domain name you will see that it states that you LEASE the domain names from them.

I am libertarian about such things, and value privacy, but I think most people would agree that taking a high value domain name because the email was incorrect (the other info was correct, no attempt was made to phone or write) and selling it for $$$$$ - as a well known registrar did recently - was harsh, and unethical IMO.

It may well sound harsh but it is your responsibility to keep that data updated. Even if not for the reason of complying with the registries terms of service, but keeping such information can also aid in making your domain secure. You say in your example that the only thing wrong was the email address. What would stop someone picking up that email address and transferring the domain?

 

[TP]

By the way, how would the registry know if your information is correct. Do they have a database of everyone in the world and where they live??

I think its impossible to check except checking whether a email is valid or not.

 

[Peter]

By the way, how would the registry know if your information is correct. Do they have a database of everyone in the world and where they live??

I think its impossible to check except checking whether a email is valid or not.

Most of the time I believe it is people reporting it. However they do as is shown in this email send out emails on a yearly basis to ask you to ensure your whois data is up to date. If that email bounces then the chances are the email is invalid.

1 of the main reasons the email HAS to be up to date is because if there are any UDRP's against a domain name they HAVE to have a way to contact you and email is the method they use.

 

[Dave_Z]

This goes to the old arguement: are domains property?

Your registrar's contract will give you an idea.

 

[accent]

I am not arguing what it says in the contract. But laws and concepts evolve. Some domains have become very valuable, either due to their uniqueness (sought-after terms) or their development. It is quite possible that they will become much more valuable. This value added is not the result of the registry but of either the market or the domain "owner" - the word we use regardless of the contract terms.

Equity and intent underlie the law. Should valuable property be forfeit due to minor error? It happens and will continue to, however such occurances should be prevented whenever possible. Every legal document contains errors. If those errors are subjected to litigation the judge will attempt to determine the original intent. If an incorrect email is placed in whois and there is no ill intent then that should not effect domain ownership. It can, now, but it should not.

 

[Peter]

I am not arguing what it says in the contract. But laws and concepts evolve. Some domains have become very valuable, either due to their uniqueness (sought-after terms) or their development. It is quite possible that they will become much more valuable. This value added is not the result of the registry but of either the market or the domain "owner" - the word we use regardless of the contract terms.

Equity and intent underlie the law. Should valuable property be forfeit due to minor error? It happens and will continue to, however such occurances should be prevented whenever possible. Every legal document contains errors. If those errors are subjected to litigation the judge will attempt to determine the original intent. If an incorrect email is placed in whois and there is no ill intent then that should not effect domain ownership. It can, now, but it should not.

Put it this way if you lease a shop and make good profit from that shop the owner of the building is still allowed to remove that lease when it expires or to take away your rights to that lease if you do not abide by the rules. You cannot then take them to court and state that you own that shop because you make money from it.

when someone sells a domain name they are in fact selling the lease to that name, it does not matter what terminology you use that is what is in the terms of service you agree too when you purchased the name from the registrar.

 

[accent]

But the property owner could not push you out and open a business under the same name . Also the lease has not expired in our examples, and the domain owner has, at least by expectation, a perpetual option to renew the lease.

So the real estate comparison breaks down. It all goes back to a reasonable expectation of fairness.

 

[Peter]

But the property owner could not push you out and open a business under the same name . Also the lease has not expired in our examples, and the domain owner has, at least by expectation, a perpetual option to renew the lease.

So the real estate comparison breaks down. It all goes back to a reasonable expectation of fairness.

No the real estate comparison does not break down, as with the real estate domains can be renewed upon (or prior to) expiry. The property owner can push you out if you break the terms of the lease as can the registry of domain names if you break their terms of lease (ie having incorrect whois).

The owner of the property could open a shop if they wanted too in the property with the same name, they may be tied to not being in the same type of business (as can be the case in domain names).

Also if domains are not leased please explain to me why we pay a yearly fee, Last time I checked I did not for example have to pay for a cd every year to keep using it, or pay for a house each year to continue living in it (unless of course you rent or a mortgage is outstanding)

 

[TP]

I read somewhere in the forums that domain names are not considered an asset, but actually can be expensed for business purposes. Taxes on gains from sale by US persons, of course, has to be paid.

Many domainers, however, are not US based. So what law governs.

I think this is all "grey" area as domaining is still such a new industry relatively speaking, and all the rules have not been worked out.

TP

 

[Dave_Z]

It all goes back to a reasonable expectation of fairness.

And that is why it is important to read and understand any and all agreements
before getting into it. Obviously one can't necessarily compel the other to see
how one sees it, but neither are both required to continue on if both can't see
eye to eye.

However, I think this is drifting away from scooby47's topic so I'll leave this at
that.