[ga] ICANN request to Registerfly - Notice of Audit and Notice to Submit Data Escrow

["Prophet Partners Inc." <Domains@xxxxxxxxxxxxxxxxxxx>]

Hi Danny,

ICANN has just posted additional correspondence between it and Registerfly.
I am not an attorney and these are only my personal opinions and
interpretations. If you require legal advice, you should seek qualified
legal counsel.

ICANN has sent Registerfly a Notice of Audit and Notice to Submit Data
Escrow dated February 21, 2007. The audit requests all registration data
submitted to registries, all registration information between registrants
and payments from / refunds to registrants. The data escrow requests a list
of all Registerfly domains, plus a list of name servers, registration dates,
expiration dates, and WHOIS data for all such domains.
http://www.icann.org/correspondence/pritz-to-stansbury21feb07.pdf

Registerfly's reply from law firm Mirzaian Schoenbrodt, LLP is dated March
1, 2007. The response references an unpublished ICANN letter from February
28, 2007. Registerfly agrees to the data escrow with conditions, but denies
ICANN's request for an audit.
http://www.icann.org/correspondence/mirzaian-to-pritz-01mar07.pdf

ICANN's reply from law firm Jones Day of  Second Notice of Breach and Notice
to File Suit is dated March 2, 2007. Registerfly is given notice by ICANN of
breaching the audit and data escrow provisions of their RAA. ICANN gives
Registerfly 15 business days to comply or Registerfly's ICANN Accreditation
will be terminated. ICANN also gives notice of a pending lawsuit to be filed
with the U.S. District Court of California seeking a temporary restraining
order, which requires Registerfly to comply with the audit and data escrow.
http://www.icann.org/correspondence/levee-to-mirzaian-02mar07.pdf

Sincerely,
Ted
Prophet Partners Inc.
http://www.ProphetPartners.com
http://www.Premium-Domain-Names.com


----- Original Message ----- 
From: "Danny Younger" <dannyyounger@xxxxxxxxx>
To: "Roberto Gaetano" <roberto@xxxxxxxxx>; <ga@xxxxxxxxxxxxxx>
Sent: Tuesday, February 27, 2007 8:20 AM
Subject: [ga] Registerfly & Data Escrow


> Roberto,
>
> I would like to discuss section 3.6 of the Registrar
> Accreditation Agreement (Data Escrow) in light of the
> documentation breaches cited in ICANN's recent Notice
> to registerfly.
>
> This particular section requires that an electronic
> copy of the registrar database be sent to ICANN on a
> schedule.
>
> At issue is whether ICANN has been negligent with
> respect to enforcing the data escrow contract language
> to the degree that registrants have suffered owing to
> such negligence.
>
> The ICANN Notice to registerfly contained this
> example:  "the Whois information for the 220
> Registered Names held by that party had been changed
> to reflect Kevin Medina as the Registered Name Holder
> instead of the customer."
>
> If data was routinely escrowed, then no rogue
> registrars would be attempting arbitrary WHOIS
> changes.
>
> 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?
>
> Note:  The last Registrar Compliance Update (October
> 2006) didn't even mention the word escrow.
>
> Best regards,
> Danny
>
>
>
>
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