FW: [ga] Registerfly & Data Escrow

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

<My question to you:  Is the registrar community generally in compliance
with data escrow provisions,

<or do we still have a major problem that remains unaddressed by ICANN's
Compliance Staff?  

 

Danny:

 

Let me field this one.  

 

Just so we are on the same page, Section 3.6 of the RAA provides for the
following:  

 

"During the Term of this Agreement, on a schedule, under the terms, and
in the format specified by ICANN, Registrar shall submit an electronic
copy of the database . . . to ICANN or, at Registrar's election and at
its expense, to a reputable escrow agent . . . ."

 

Every registrar currently is in technical compliance with this provision
because ICANN has never implemented a schedule, terms, or a format of
the escrow arrangement.  Notwithstanding, reputable registrars have
implemented escrow-type arrangements on their own in order to protect
their customers.

 

Over the past year or so, ICANN has been discussing implementing the
schedule, terms, and format for a registrar escrow arrangement.  On
behalf of Network Solutions, I provided comments on the draft in June
2006, but I believe only one other registrar provided comments.
Hopefully, the RegisterFly situation is a wake-up call to ICANN and the
registrar community to get together to implement an appropriate escrow
arrangement.  I also hope it is a wake-up call to the registrant
community to be very careful in making purchasing decisions.
Registrants should only buy registration services from reputable
registrars.

 

Thanks.

 

Jon Nevett

Chair, ICANN Registrar Constituency