[ga] ICANN showing its teeth?

["Richard Henderson" <richardhenderson@xxxxxxxxxxxx>]

http://www.icann.org/correspondence/cole-to-barrett-14mar05.pdf

Thomas Barrett EnCirca, Inc. 100 Red Gate Lane Reading, Massachusetts 01867 

Re: EnCirca's "ProForwarding Service" 

Dear Tom, 

ICANN is concerned about EnCirca's "ProForwarding Service" since it seems to violate the spirit of having "restricted" Top-Level-Domains such as .PRO. .PRO domains are intended to be restricted to "persons and entities that are credentialed by appropriate entities (such as through governmental bodies and professional organizations) to provide professional services" (.PRO Registry Agreement, Appendix L, <http://www.icann.org/tlds/agreements/pro/registry-agmt-appl-30sep04.htm>). EnCirca's ProForwarding Service <http://www.encirca.biz/html/proforwarding.shtml> seems designed to circumvent these restrictions by allowing anybody to obtain "the full benefits of domain registration" in .PRO without having any professional credentials. 

In order to conduct a comprehensive review of this service, we would like to exercise our rights under section 3.4.3 of EnCirca's Registrar Accreditation Agreement to review EnCirca's registration records. Please prepare to make the following data available to ICANN for all .PRO domains registered by EnCirca: 1. The submission date and time, and the content, of all registration data (including updates) submitted in electronic form to the .PRO registry operator; 2. Copies of all written communications constituting registration applications, confirmations, modifications, or terminations and related correspondence with .PRO registrants, including registration contracts; and 3. Records of the accounts of all .PRO registrants, including dates and amounts of all payments and refunds. Pursuant to RAA section 3.4.3, ICANN will treat these records as confidential and will not disclose the content of the records to any third parties. Please provide these records in whatever form is most convenient for you, at your earliest opportunity. 

It would be most convenient for ICANN if EnCirca could provide copies of the records electronically, and prior to 11 April 2005. If that would not be feasible, we will arrange to visit EnCirca's offices to inspect the records in person at any time convenient to you during the week of 11 April 2005. Thank you for your attention. We look forward to your prompt cooperation with this request. 

Sincerely, Tim Cole Chief Registrar Liaison Internet Corporation for Assigned Names and Numbers 

cc: Michael DelCiello Kurt Pritz John Jeffrey