RE: [ga] Registerfly & Data Escrow

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

An interesting reading, Danny... Overall I've got a feeling that ICANN
should adopt some (if not most) of Eurid policy principles. As far as I
know they do not have even Add Grace or similar betises.

Dominik


-----Original Message-----
From: Danny Younger [mailto:dannyyounger@xxxxxxxxx] 
Sent: Tuesday, February 27, 2007 6:54 PM
To: Dominik Filipp; Nevett, Jonathon
Cc: ga@xxxxxxxxxxxxxx
Subject: RE: [ga] Registerfly & Data Escrow

Jon,

With regard to "reputable", I see that Eurid has put forth a Registrar
Code of Conduct -- see
http://www.eurid.eu/images/Documents/CoC/code_of_conduct_en.pdf

I am also reminded of this clause:

3.7.1 In the event ICANN adopts a specification or policy, supported by
a consensus of ICANN-Accredited registrars, establishing or approving a
Code of Conduct for ICANN-Accredited registrars, Registrar shall abide
by that Code.

So, with the Eurid document as a guide, would the registrars be willing
to work on a comprehensive Registrar Code of Conduct? 

best regards,
Danny

--- Dominik Filipp <dominik.filipp@xxxxxxxx> wrote:

> 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
> 
> 



 
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