11-28-2004, 06:04 AM
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Confirmed User
Join Date: Jun 2004
Location: The bank with all the cash
Posts: 475
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Quote:
Originally posted by arg
Amelia, to answer your question of why ICANN made this change, it was to address the problem of some registrars not approving legitimate outgoing transfer requests of domain names in their control. Whether through incompetence, laziness, or intentional obstruction of losing business, some registrars made it very hard to transfer domains away from them.
MrJackMeHoff, regarding your post, *theoretically* "you still have to allow it to happen," however in practice several registrars have procedural weaknesses that allow it to happen regardless of a domain owner's approval. ICANN's internal transfer mechanism does nothing to assure that the gaining registrar really did contact the domain owner, and ICANN doesn't detail specific procedures for gaining registrars to verify a transfer request. Fraudulant transfer attempts like Amelia's have been occurring since the rule change.
Amelia, regarding your question as to what can be done, following up cooperatively with GoDaddy's abuse team sounds most promising. They're a reputable company with a reputation for fighting fraud, and I think are good people, if a little misguided. In this case it sounds like they've favored their privacy protection policy over fighting an act of fraud. It's not necessarily that they're being assholes, as that they've got competing ideals from which to choose.
On the other hand, they've obviously got some sort of problem in their transfer process, and they've now been informed about it, which could make future lawsuits against them more damaging if they enable future domain thefts. Pointing this out to them may at least persuade them to investigate and fix what went wrong, even if they still refuse to identify the culprit or the problem to you.
Legally, you haven't suffered actual damages, so a successful lawsuit seems unlikely. You could file a police report for something like attempted theft, but it almost certainly won't go beyond police taking down the report. You can file a Registrar Problem Report Form with ICANN, but they usually just forward them to the problem registrar. Perhaps your attorney can think of an effective approach.
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great post....it is nice to see something informative like this on GFY |
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