- Impact
- 11
Hi,
So basically I've modified a couple of domain whois's and already ran into the new ICANN rules on whois modifications (basically having to agree to a lot of new stuff and oking things via email).
I guess these new rules MIGHT help stop domainers losing their domains to theft. It's difficult to say at first inspection whether it makes things more secure or not. Seems there might now a 60 day block on registrar transfers if a domain is modified? I'm to sure how this affects domain pushes.
Anyway, what IS bugging me about the new system, is that if you make any modification to the whois, even just to the registrant email or phone number, you now seem to have to agree that you're now a "NEW OWNER" according to the emails your registrar sends you, and the domain gets suspended if you don't.
My concern with this, is with in regard to UDRP disputes. After personally already being on the receiving end of a UDRP dispute, in which I felt my case was weakened by a slightly careless modification on my part to the whois, which allowed them to dispute my long-term ownership (I ended up in arbitration with the complainant and agreeing to sell to the complainant for a cheaper price than I'd have liked because of it).
My concern is that having to agree to these "NEW OWNER" events, if ICANN is recording them, could actually help trademark holders dispute the length of ownership of a domain, if say the complainant registered a trademark after you registered the domain, but you made a whois modification at a later date.
You shouldn't be at risk, but if ICANN's noting every modification event treating it as a change of owner, one careless modification could leave you open. I've also had a registrar making whois modifications and modifying the owner fields without my permission in the past, which doesn't help, either.
Any thoughts on this? Or am I being overly suspicious of ICANN's motives for these changes?
So basically I've modified a couple of domain whois's and already ran into the new ICANN rules on whois modifications (basically having to agree to a lot of new stuff and oking things via email).
I guess these new rules MIGHT help stop domainers losing their domains to theft. It's difficult to say at first inspection whether it makes things more secure or not. Seems there might now a 60 day block on registrar transfers if a domain is modified? I'm to sure how this affects domain pushes.
Anyway, what IS bugging me about the new system, is that if you make any modification to the whois, even just to the registrant email or phone number, you now seem to have to agree that you're now a "NEW OWNER" according to the emails your registrar sends you, and the domain gets suspended if you don't.
My concern with this, is with in regard to UDRP disputes. After personally already being on the receiving end of a UDRP dispute, in which I felt my case was weakened by a slightly careless modification on my part to the whois, which allowed them to dispute my long-term ownership (I ended up in arbitration with the complainant and agreeing to sell to the complainant for a cheaper price than I'd have liked because of it).
My concern is that having to agree to these "NEW OWNER" events, if ICANN is recording them, could actually help trademark holders dispute the length of ownership of a domain, if say the complainant registered a trademark after you registered the domain, but you made a whois modification at a later date.
You shouldn't be at risk, but if ICANN's noting every modification event treating it as a change of owner, one careless modification could leave you open. I've also had a registrar making whois modifications and modifying the owner fields without my permission in the past, which doesn't help, either.
Any thoughts on this? Or am I being overly suspicious of ICANN's motives for these changes?
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