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Re: [ga] Registerfly & Data Escrow

Thanks for your input and participation Jon. We appreciate hearing from your constituency on matters like this.

Chris McElroy aka NameCritic

  ----- Original Message ----- 
  From: Nevett, Jonathon 
  To: ga@xxxxxxxxxxxxxx 
  Sent: Tuesday, February 27, 2007 10:42 AM
  Subject: FW: [ga] Registerfly & Data Escrow

  <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?  




  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.




  Jon Nevett

  Chair, ICANN Registrar Constituency   



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