Re: [ga] Did a dog eat dot-cat's homework?

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

George,
 
I believe I followed you. But I am afraid my computer only reflects the 
numbers. It does not provide me with how you reach your conclusion that this is 
malfeasance or evidence of incompetence.
I am also looking to find a way that makes it material.
 
Your guidance is appreciated.
 
(I once told an English teacher that my homework was: eaten by a dog, right 
after I was hit by the car as I crawled out of rizing runoff creek, my brother 
had pushed me into. The homework was on Samuels so she gave me an A for 
mimicking the style so well. Point is that perhaps the reason for the missing 
stats, is just as good for ICANN, as a column of numbers)

--- On Tue, 4/14/09, George Kirikos <gkirikos@xxxxxxxxx> wrote:

From: George Kirikos <gkirikos@xxxxxxxxx>
Subject: [ga] Did a dog eat dot-cat's homework?
To: ga@xxxxxxxxxxxxxx
Date: Tuesday, April 14, 2009, 10:51 AM


Hi folks,

According to Section III.1.c.iv of the dot-cat registry agreement:

http://www.icann.org/en/tlds/agreements/cat/cat-agreement-23sep05.htm

"Monthly Reporting. Within 20 days following the end of each calendar
month, Registry shall prepare and deliver to ICANN a report providing such data
and in the format specified in Appendix 4. ICANN may audit Registry's books
and records relating to data contained in monthly reports from time to time upon
reasonable advance written notice, provided that such audits shall not exceed
one per quarter. Any such audit shall be at ICANN's cost, unless such audit
shall reflect a material discrepancy or discrepancies in the data provided by
Registry. In the latter event, Registry shall reimburse ICANN for all costs and
expenses associated with such audit, which reimbursement shall be paid together
with the next Registry-Level Fee payment due following the date of transmittal
of the cost statement for such audit."

These monthly reports can be found at:

http://www.icann.org/en/tlds/monthly-reports/

and in particular I draw your attention to the November and December 2008
dot-cat reports at:

http://www.icann.org/en/tlds/monthly-reports/cat/puntcat-200811.pdf
http://www.icann.org/en/tlds/monthly-reports/cat/puntcat-200812.pdf

which are archived at:

http://www.loffs.com/images/dotcat/

in the event the originals should change. According to Appendix 4 of the
agreement, the registry operator must report the total number of domains to
ICANN (see field #3 in section 8) on a registrar by registrar basis. 

Yet, for some unknown reason, the December 2008 report for dot-cat is missing
that column entirely! It's present in the November 2008 report (see page 7,
where there are a grand total of 32833 domains across all registrars). Did the
dot-cat registry operator even check the numbers they were submitting to ICANN?
Did ICANN even bother to check what was submitted to them for compliance with
the registry operator's contractual obligations? Perhaps a dog ate their
homework? I trust that this apparent material discrepancy will lead to an audit
to determine the true numbers, and be reimbursed by the registry operator.

This is a sign that ICANN is not even capable of managing the existing gTLDs
properly, let alone managing any expanded obligations if new gTLDs were to be
added to the root.

Sincerely,

George Kirikos
http://www.leap.com/