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Wednesday, 28 March 2007
As the Registerfly Debacle comes to yet an another important stage in it's self inflicted demise, customer still have a lot of questions that aren't being answered.  On Thursday, 16 March 2007, ICANN officially announced the de-accreditation of ICANN and made if effective IMMEDIATELY... Well sort of...

ICANN Terminates Registerfly

As of March 16, 2007 ICANN stated:  "Effective immediately ICANN has terminated RegisterFly's right to use the ICANN Accredited Registrar logo on its website."  Taken that this is coming from ICANN, one could wonder whether or not this is a suggestion or a direct order.  Either way Registerfly still carries that ICANN logo on their site.  The next sentence of the letter states this: "Between now and 31 March RegisterFly is required to unlock and provide all necessary Authinfo codes to allow domain name transfers to occur. Any and all registrants wishing to transfer away from RegisterFly during this period should be allowed to do so efficiently and expeditiously."  So basically ICANN has given them 15 days notice of losing accreditation, which essentially is the right to sell domain names under the ICANN Accreditation.  Which means Registerfly could only sell domain names through another Registrar once ICANN actually pulls the plug... the date of that is March 31, 2007.

However, the most interesting two paragraphs in this ICANN announcement are these:

"Terminating accreditation is the strongest measure ICANN is able to take against RegisterFly under its powers," Dr. Paul Twomey, President and CEO of ICANN said today.

"ICANN has been frustrated and distressed by recent management confusion inside RegisterFly," Dr. Twomey, President said. "I completely understand the greater frustration and enormous difficulty that this has created for registrants."

Frustrated and distressed by recent management confusion... so that's the reason?  There's nothing "recent" about the problems with Registerfly.  You can read the complete letter here.

What's Registerfly doing and Why?

So what is Registerfly doing?  Based on what's being discussed, it's business as usual.  By the looks of their website, nothing has changed.  So why and how are they operating and taking money from people who end up on their site?  So if you weren't away of the problems with Registerfly and somehow or other ended up on their site or were going to renew your domains, you'd simply fund your account and away you'd go.  Isn't this against the law?  Why is Registerfly still in operation and why would ICANN allow it to continue?

There are many questions about ICANN and Registerfly at the moment many of us sit here puzzled as to what is going on.  The facts are Registerfly has lost the ICANN Accreditation and will no longer be able to operate by selling names after March 31, 2007 through ICANN.  This means that the only way they could stay in business is to resell domain names through another company... The question is which company?  Is there a company that is going to keep Registerfly and Kevin Medina in the domain business?  The Registerfly.com domain name was recently moved over to Tucows.... has Kevin struck a deal with Tucows through Mark Klein?

The biggest question here is what is motivating Kevin and Registerfly to continue on?  Based on the news and the recent decisions by ICANN and the charge-back rates of Registerfly merchant accounts and Paypal, you would think Kevin would just close up shop and give it all to ICANN as they requested.  What's the motivation behind having some Oscar guy helping people out and answering phones once in a while and providing authorization codes once in a while.... Why would Kevin be hiring and paying employees to work with you and I or ICANN for that matter?  What is going on inside the mind of Kevin Medina and he goes to work everyday?

The ICANN Debacle

The inactions of ICANN have really put many of you in a pickle when it comes to your intellectual property and your domain names.  Based on the circumstances and the fact that ICANN is headed by the US Department of Commerce, couldn't the have, (based on the evidence) gone into a federal court and petitioned for immediate action from Registerfly?  Some sort of legal document forcing Registerfly to not only remove the ICANN logo but also a cease and desist order for Registerfly to stop selling names?  This is like the wild west here.  A federal judge would have looked at the circumstances surrounding this as well as the potential damage an issued something immediately... Why didn't ICANN do this?  Should they have?

Although ICANN has claimed to be powerless in during this entire Registerfly scandal, the power to remove the accrediation and take over the database of domain names is actually quite powerful indeed.  When a company's primary business is domain registration and you take that away from them, that could in fact sink their entire business.  ICANN has the ability to strip accreditation away from any Registrar which amounts to a very powerful non-profit entity.

What's happens after March 31, 2007?

That's the big question.  Maybe ICANN will issue a notice of intent to sue or serve Kevin a Summons and Complaint to come in and get the data.  There is nothing posted about this on the ICANN website that I have found.  If ICANN doesn't have a court order or an injunction of sort, couldn't Kevin just refuse entry into the Registerfly business?  Then again, maybe Registerfly will receive another 15 day notice of notice that they disregarded the first 15 day notice and if it happens again they'll get another notice... it's not funny anymore.  This whole thing is like the wild west.

I believe that ICANN will somehow acquire the data they need to get some of these names that are left on Registerfly to a safe registrar.  My thoughts are that Godaddy will be on the receiving end of this deal to assist ICANN in doing something they've never really done before.  How it will all pan out is yet to be seen.

Anger can destroy you

I understand that there are a lot of angry customers out there struggling during this Registerfly ordeal.  I've receive many emails from angry customers and there are posts in the forum saying all kinds of stuff.  It's completely understandable to be angry and you have every right to be.  Because of this Registerfly Debacle and the lack of direction within ICANN, many people are losing it... the cries for help keep coming in but nothing is being done soon enough and people are losing their businesses and income from all of this.  I've heard of some of you having to purchase domain names from cyber squatters as well.  I know you're angry and understand the pain that some of you are going through and although I'd like to help everyone individually, that's impossible for me to do.

With that in mind, I'd like to offer some relief.  Let's remember that being angry only hurts the person that harbors that anger.  Some of you may not think this makes much sense but it's the truth.  Hate and anger will eat you up inside and destroy every part of your life.  Don't let this happen to you.  No matter what happens during this ordeal try to take a step back and take a deep breath and rest assured that it will all work out in the end.  While you may be angry now, 10 years from now you'll have forgotten, (lets hope).  Let's continue to work through this and continue to keep this industry a safe and secure one so this never happens again.  I also ask that you take the time to think before you react and say something that you may later regret or get you into legal trouble.
Comments
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captainproton - ICANN may be right Registered | 2007-03-28 03:48:40
It may be in the best interest of everyone if ICANN learns from its mistakes and is able to resolve these issues. While many would like the government to step in (aka Commerce dept.), it may result in more government meddling than problem solving.

I can easily imagine a couple of different scenarios for why things are unfolding the way they are.

I reaally think that ICANN realizes that they need to earn their keep here, and are probably trying to mitigate the damage done to domain holders. Which when the day is done is all we can ask for at this point. I think that they have a plan B and plan C lined up.

So while nothing may *seem* to be happening, I suspect that ironically things are.

I know that many of us were blind-sided by these things happening (I know I myself ignored a couple of warning signs). So if we were, why are we so judgemental of ICANN? I don't mean to excuse them, but whoever imagined 'server wars' taking place?

At this point, I think everyone involved (and especially ICANN) wants to miminize the damage done. And if that means holding our peace for a little while, then I can. When something is broken, you don't want to make it worse.

I think the days of registrars abusing customers may be numbered. As much as it may seem like the wild west, eventually the sherrif did come to town.

This is coming from someone who is still 'stuck' at RF.
clever_username_here Registered | 2007-03-28 04:45:20
Great article.

The number one thing icann should do is formalize the proxy registration system. It's obvious the public doesn't want their home address available to stalkers and malfactors, especially if they are bloggers with their own domains.

The reason I went with regfly so many years ago was they were the only one selling proxy registration cheaply.

I'm mostly out of RF, but I still have 23 domains with RRP. Some of these domains have been registered since 1998!
pissedoff Registered | 2007-03-28 07:54:21
"Registerfly.com domain name was recently moved over to Tucows.... has Kevin struck a deal with Tucows through Mark Klein?"

I imagine the transfer was seemless for Kevin and not the everyday crap everyone else is faced with when doing a domain transfer.
dsmj - READ - Another notification Publisher | 2007-03-28 09:20:27
http://blog.icann.org/?p=76

BTW there are plenty of good legal reasons for Court and Agency people to task force a solution, as opposed to revisions in laws, agreements and statutes. US.DOC and (due to the international issues), US Trade Commission both can act in a one-time basis on what needs to be done. The rules are not all that incomplete, but the enforcement is obviously absent.
kamil1 Registered | 2007-03-28 11:16:26
Now I'm worried. This ICANN posting is nothing more than whining. It's pathetic and unprofessional. If that's the best that ICANN can do, this doesn't look good for those of us with domain names still stuck at RF...
FWayne - Dear Admin: Small typo Registered | 2007-03-28 10:55:30
Dear Admin:
"On Thursday, 16 March 2007, ICANN officially announced the de-accrediation of ICANN..."
admin - Corrected, thank you! Super Administrator | 2007-03-28 10:57:03
I've corrected this, thank you!
kamil1 Registered | 2007-03-28 11:13:30
Very good posting, admin!

I too continue to be puzzled by the fact that RegisterFly hasn't either collapsed completely yet or sold its database out to another registrar. The ship is clearly sinking; what could be the motivation behind the half-hearted attempts to help some customers by Robert ONeill or that Oscar guy? In fact, if I read correctly between the lines of ICANN's de-accreditation notification, they actually encouraged KM to sell the database to another registrar ASAP. Why hasn't KM done that yet? Surely, that's the only way he can still get some money out of that whole mess?

What worries me is that he might decide to fight through the arbitration process to delay the de-accreditation. This could explain why he still has the ICANN logo on his site and why he pretends as if the company is still operating -- surely if he just gave up, his chances during the arbitrartion process would go down. Anyway, arbitration would surely delay any resolution that ICANN might be working on, and that worries me...
clever_username_here - re: Registered | 2007-03-28 11:31:31
kamil1 wrote:
Now I'm worried. This ICANN posting is nothing more than whining. It's pathetic and unprofessional.


See this article:
http://www.circleid.com/posts/icann_contract_public_enforce/
BobfromCA Registered | 2007-03-28 13:01:21
Thanks, Admin, for all your work and postings. Your message re: anger is right on - I think your forum has given many people an opportunity to vent their anger and like you said - hopefully now be able to step back and say "life goes on."

Problems are opportunities. For GoDaddy and others, this has been a windfall. Since I decided to transfer all my 80 names out of RF - and GoDaddy had special RF discount - I offerred my clients a special 2 or 3 year discount rate if they let me renew their names now. (They have no idea where their name is registered)... This has still cost me money (which I will eventually get back from clients) and many, many hours of work (and stress)... but my anger has turned more into interest to see how this soap opera will play out.
dsmj - True Publisher | 2007-03-28 17:35:41
in all the legal doubletalk opf the RAA:

5.10 No Third-Party Beneficiaries. This Agreement shall not be construed to create any obligation by either ICANN or Registrar to any non-party to this Agreement, including any Registered Name Holder.


Thsi means the Customer of Registerfly is basically unable to hold ICANN at Fault and force them by contract to do something, since Registrants are not part of the contract... and Registerfly knows it.Your contract is with the Accredited Registrar and not ICANN, regardless of what Accreditation is supposed to mean to you.


ICANN signed into contract rules you (the Registrant) have to live with that you (the Registrant) are not to "benefit" from as a third party.

April 1st is april fools day, how frikking appropriate for that to be a Sunday and the date which Registerfly has to become a reseller only and still mess-up transactions and delete peoples accounts.
a101 Registered | 2007-03-28 21:21:32
If registerfly was never Accredited in the first place, then HOW can Icann 'revoke' their 'Accreditation'?
curious observer Registered | 2007-03-28 22:01:50
Thanks for sharing that good information. I work in the business and am shocked at the lack of media attention this situation has received. Every day I hear from customers that have just found out about the RegFly demise and are in panic mode now, scrambling to get their domain names back. Why isn't there more attention from the press?

My co workers and I wonder which network (my bet is Fox) will pick up the rights and make a tv movie about the whole thing. It's got all the elements- sex, jilted lover, lavish lifestyle, expensive pet, etc.

I check the Regisrar stats every day, and sadly I note that RegisterFly's domain count continues to grow! I guess the old saying is true, "There is no such thing as bed press"
http://www.webhosting.info/registrars/reports/total_domains/REGISTERFLY.COM
erezrb - How to moved your registerfly Registered | 2007-06-02 13:09:19
How to moved your registerfly domains including protected domains before they will lost .

RegisterFly will not be a domain reseller in march 2007, and all your domain there is in risk of losing, spicily whois protected domains !.

so how to save your domain:

1. Create A New Register Fly Account.
2. Login into the Old RegisterFly Account.
3. Click on Manage Domains
4. Click A Domain Name
5. Click On Change Ownership
6. Click On “Push your names to another user”
7. Click Continue
8. Enter The User ID of The New RegisterFly Account
9. Verify The User ID of The New RegisterFly Account is Correct
10. Click Continue
11. Select Each Domain Name to Push
12. Check the Check Box Marked “Change the Whois/Contact info on the names being pushed”
*** Check This Box Only if your Domains are Showing ProtectFly Information on a Whois Database, If it’s Showing your Real Information with Working Email Then Continue Without Checking the Check Box ***
13. Login into Your New RegisterFly Account, Your Recently Transferred Domains Should Be All Unlocked.
14. Click Change Whois Information And Get Authorization Code for Each Domain.
15. Wait about 2 Days until changes are updated to the world.
15. Begin Transfer to New Registrar.

also i recommended http://www.domain-host-ssl.com as domain register with very cheap domain names prices.
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