RE: [ga] Registerfly & Data Escrow

["Dominik Filipp" <dominik.filipp@xxxxxxxx>]

Hmm..., the only question is who reputable registrars are. Registerfly
ardently claimed this as well just a few days ago and I would bet
ordinary registrants, not being officially warned by anybody, are still
registering their domains with them.

Indeed, a tough situation...

Dominik

_______________________________

From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
Of Nevett, Jonathon
Sent: Tuesday, February 27, 2007 4:43 PM
To: ga@xxxxxxxxxxxxxx
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?  

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