New Rules Proposed for Expired Domain Names

[Dave_Z]

This came in from DomainNameWire:

http://domainnamewire.com/2011/02/21/new-rules-proposed-for-expired-domain-names/

The actual ICANN link:

http://www.icann.org/en/announcements/announcement-2-21feb11-en.htm

Recommendation #1: Define "Registered Name Holder at Expiration" (RNHaE) to clearly identify the entity or individual that was eligible to renew the domain name registration immediately prior to expiration.

Recommendation #2: Provide a minimum of 8 days after expiration when the RNHaE can renew, and disable normal operation during that time to attract the attention of the RNHaE.

Recommendation #3: Changes to WHOIS after expiration must not alter the RNHaE ability to renew.

Recommendation #4: All unsponsored gTLD Registries shall offer the Redemption Grace Period (RGP).

Recommendation #5: If a Registrar offers registrations in a gTLD that supports the RGP, the Registrar must allow the Registered Name Holder at Expiration to redeem the Registered Name after it has entered RGP.

Recommendation #6: Registrar website should state any fee(s) charged for the post-expiration renewal of a domain name.

Recommendation #7: Registrars who have a web presence, shall provide a link to ICANN published web content providing educational materials with respect to registrant responsibilities and the gTLD domain life-cycle.

Recommendation #8: ICANN, with the support of Registrars, ALAC and other interested parties, is to develop educational materials about how to properly steward a domain name and how to prevent unintended loss.

Recommendation #9: The registration agreement and Registrar web site (if one is used) must clearly indicate what methods will be used to deliver pre- and post-expiration notifications.

Recommendation #10: Registrar must notify Registered name Holder of impending expiration no less than two times. Subject to an exceptions policy, the timing of such notices is specified.

Recommendation #11: Notifications of impending expiration must include method(s) that do not require explicit action other than standard e-mail receipt in order to receive such notifications.

Recommendation #12: Unless the Registered Name is deleted by the Registrar, at least one notification must be sent after expiration.

Recommendation #13: If at any time after expiration when the Registered Name is still renewable by the RNHaE, the Registrar changes the DNS resolution path to effect a different landing website than the one used by the RNHaE prior to expiration, the page shown must explicitly say that the domain has expired and give instructions on how to recover the domain.

Recommendation #14: Best Practice: If post-expiration notifications are normally sent to a point of contact using the domain in question, and delivery is known to have been interrupted by post-expiration actions, post-expiration notifications should be sent to some other contact point associated with the registrant if one exists.

Comments are welcome via e-mail to pednr-proposed-final-report AT icann DOT org until 7 April 2011.

I figured I'd place it here so folks can readily see and comment. Speaking of which, don't forget to actually email your feedback to ICANN directly aside from commenting here.

 

[Jasonn]

Jasonn,
Drops and auctions are good. I wish all domains were dropping and they were caught by the fastest dropcatcher. At least you would have a shot in the auction.

The way you think was correct until now. However it is not correct anymore because quality domains don't drop anymore. You might say, well yes they are not sold in pending delete stage but they are sold in pre-release stage.

That's not correct either. The pre-release is a filtered list. Quality expired domains are not sold at all. They are kept in private portfolios.

This trend has started within the last 6 months.

This is what happens:
domain expires > best are filtered and moved to private portfolio. The rest > goes to pre-release auction and if it is not sold > it drops and goes to pending delete auction

You don't know what is happening because there is no list of domains that have just reached the expiry date. There is no such list because the free auto renewal by the registry. You can't know if a domain is expired or not expired until 45 days are over. However by then it is already too late because it will be renewed and moved to a private portfolio. Let me explain this way: When a high quality domain expires nobody will even realise it has expired and is moved to a private portfolio, unless you were especially tracking that particular domain.

It is moved within the time that was given to the original owner to recover. The registrars use the recovery mechanism which was created for the original owner, to take over the domain in a sneaky way. In other words and original owner recovering his domain and the registrar moving the domain to its private portfolio both will look the same from the outside.

I'm with you all the way on that one but they get away with it because ICANN just doesn't really care. I believe that registrar hoarding breaks many rules already in place. Its too bad they are never enforced.

 

[DU]

I'm with you all the way on that one but they get away with it because ICANN just doesn't really care. I believe that registrar hoarding breaks many rules already in place. Its too bad they are never enforced.

I don't see how auctioning off names is shady. I like the expired auctions. It actually can prevent people from squatting on names

Well, if breaking rules because they're unenforced is not shady then I agree?

I fail to see what people squatting has to do with anything. I'm not sure a very good squatter lets their property expire.... but when it does expire.. a registrar squats on it. Yippee, that's great! And hey - at least the registrar made money by selling BulkBarn.com to Bulkbarn... because, you know, TM profiteering is not shady.

And no - if the whole process of dropping was non-deterministicly random - the chances of me getting a name would be 1 in Millions and I don't have wet dreams about winning the lotto either.

 

[Erdy]

I think Jasonn meant, an auction is better than no auction. I agree with that.

When pre-release auctions first started, the situation was better. The lists were not so heavily filtered. However now they are.

It is only going to get worse from here. Register.com is setting custom minimum prices for each domain. The other registrars will follow.

As it is right now, the registrars have the expired domains in their pocked and they go from one auction house to another depending on who takes less commission and who will allow more flexibility with pricing.

Snapnames is making this a dirty game by allowing custom minimum prices by registrars.

 

[Jasonn]

Well, if breaking rules because they're unenforced is not shady then I agree?

I fail to see what people squatting has to do with anything. I'm not sure a very good squatter lets their property expire.... but when it does expire.. a registrar squats on it. Yippee, that's great! And hey - at least the registrar made money by selling BulkBarn.com to Bulkbarn... because, you know, TM profiteering is not shady.

And no - if the whole process of dropping was non-deterministicly random - the chances of me getting a name would be 1 in Millions and I don't have wet dreams about winning the lotto either.

I don't believe auctioning off domains is against any rules, just that registrar hoarding is..

It was cheaper for bulkbarn to buy off snapnames then deal in a year or longer legal battle. i never said squatters let their domains expire but if auctions were not allowed a domainer would of registered that domain when it dropped (it wasn't a pre-release) instead of bulkbarn being able to use the snapnames platform.

 

[Erdy]

It was cheaper for bulkbarn to buy off snapnames

This was in the past. Check this out to see what is happening now and what will become more common:

fruitsandpassion.com minimum bid $15,000 Snapnames PreRelease auction, REGISTER.COM expired domain

There are these potential buyers:
www.fruits-passion.com, www.fruits-passion.ca
Now they need to pay 15,000 to the registrar to get that domain.

 

[Jasonn]

This was in the past. Check this out to see what is happening now and what will become more common:

fruitsandpassion.com $15,000 Snapnames PreRelease REGISTER.COM expired domain

There are these potential buyers:
www.fruits-passion.com, www.fruits-passion.ca
Now they need to pay 15,000 to the registrar to get that domain.

Well like i said bulkbarn.com was a pending delete snapnames caught, not a pre-release but has everything changed with the way they handle pre-release? If no one bids 15,000 by a certain date it will just enter pending delete? thats how it would normally work at least. register.com are huge scammers. they're worse than netsol. I hate them with a passion from previous experience but this takes the cake.

looking at fruitsandpassion.com, it looks like the company you mention actually used to own it but let it expire. crazy..

 

[Erdy]

If no one bids 15,000 by a certain date it will just enter pending delete?

A few messages above Dave also said this is what should happen but it will never happen. The game has now changed. On one side you have register.com who has gone through the trouble of scanning their own expired domains to give each of them a unique price. (Check my earlier messages here I posted a long list).

They have valued a particular domain at 15,000 USD. Normally they should let this domain drop. They would get nothing if they do. In this case wouldn't it me more logical for register.com to start the auction at $69 as usual and let it sell for whatever it sells instead getting zero?

IMO, their message is laud and clear, "Either pay us $15,000 or we don't want to sell it for any cheaper". I'm telling you, this domain will be moved to a private portfolio. There is no way those people can let it go for free.

I once used register.com. They have driven me crazy when I wanted to transfer out a domain. They went to extremely trouble for a few dollars.

This domain fruitsandpassion.com will not sell for that price. And it will not go to pending delete. If it would go then the current registrar would get nothing. That's the critical issue here. The current registrar has a very strong reason (money) not to let go high quality domains. However they have now become more greedy. They don't want to sell for cheap either.

You are absolutely correct that an end user wouldn't find that domain at the bottom of snapnames. But no need to worry. They will put it in a private portfolio and wait for the end user.

 

[Jasonn]

A few messages above Dave also said this is what should happen but it will never happen. The game has now changed. On one side you have register.com who has gone through the trouble of scanning their own expired domains to give each of them a unique price. (Check my earlier messages here I posted a long list).

They have valued a particular domain at 15,000 USD. Normally they should let this domain drop. They would get nothing if they do. In this case wouldn't it me more logical for register.com to start the auction at $69 as usual and let it sell for whatever it sells instead getting zero?

IMO, their message is laud and clear, "Either pay us $15,000 or we don't want to sell it for any cheaper". I'm telling you, this domain will be moved to a private portfolio. There is no way those people can let it go for free.

I once used register.com. They have driven me crazy to when I wanted to transfer out a domain. They went to extremely trouble for a few dollars.

This domain fruitsandpassion.com will not sell for that price. And it will not go to pending delete. If it would go then the current registrar would get nothing. That's the critical issue here. The current registrar has a very strong reason (money) not to let go high quality domains. However they have now become more greedy. They don't want to sell for cheap either.

You are absolutely correct that an end user wouldn't find that domain at the bottom of snapnames. But no need to worry. They will put it in a private portfolio and wait for the end user.

I'll be keeping an eye on it as I am very curious as to what will happen. I use snapnames daily but I can't support this kind of crap. the end user in this case was the oringinal owner, they can probably even get it back for a large redemption fee. I know register.com give you 30 days to renew (but they will charge an extra 25 dollars if you renew even 1 hour after expiry). I also had the chance to get a domain that was up for auction by paying 160 redepmtion fee but not sure what they would do in this case where they value the name so high. strange days indeed.