Re: [ga] Registerfly & Data Escrow

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Jonathon and all,

  The stick must be large, menacing, and at the ready, before
the carrot will become or be palatable...  Or to put it another
way, "spare the rod, spoil the registrar or registry", as the
case may be...

Nevett, Jonathon wrote:

> Dominik:
>
> Independent evaluations would be a good starting point.  For example,
> after an exhaustive evaluation, JD Power & Associates has certified
> Network Solutions' customer service for a second consecutive year:
>
> http://www.jdpower.com/press-releases/pressrelease.aspx?ID=2007014
>
> I have suggested to ICANN that it engage in a similar kind of exercise
> recognizing reputable registrars that meet certain standards.  Perhaps
> the carrot approach could work hand-in-hand with the compliance stick.
>
> Thanks.
>
> Jon
> Vice President, Network Solutions
> Chair, ICANN Registrar Constituency
>
> -----Original Message-----
> From: Dominik Filipp [mailto:dominik.filipp@xxxxxxxx]
> Sent: Tuesday, February 27, 2007 11:21 AM
> To: Nevett, Jonathon
> Cc: ga@xxxxxxxxxxxxxx
> Subject: RE: [ga] Registerfly & Data Escrow
>
> 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

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

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liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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