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

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Ted and all,

  In that ICANN started looking into the complaints from registrants
and was "Discussing" them with RegistryFly back in June of '06 and is
only sense Feb. of 07 actually taking any kind of tangible action, it
seems ICANN's lack of concern is rather significant towards
registrants  From where I and our members sit, this seems very
close to gross negligence on the part of ICANN and sends a message
to ANY registrant regardless of whom they choose as their Registrar,
that their Domain Names are in great jeopardy.  As such, ecommerce
business can and will be disrupted to the degree ICANN acts or
re-acts to these sorts or types or Registrar and/or Registry bad business
practice.

  I along with several of our members all of whom are registrants, although
none choose RegistryFly as their Registrar of choice, are concerned, and
believe that Jones&Day, ICANN's legal eagles, should have taken
this action much sooner than it has as ecommerce confidence has
been shaken as a result of ICANN's legal and compliance staff
lack luster addressing of this matter...

Prophet Partners Inc. wrote:

> 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 The response references an unpublished ICANN letter from February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
> >
> >
> >
> >
> ____________________________________________________________________________
> ________
> > The fish are biting.
> > Get more visitors on your site using Yahoo! Search Marketing.
> > http://searchmarketing.yahoo.com/arp/sponsoredsearch_v2.php
> >
> >
> >

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

"If the probability be called P; the injury, L; and the burden, B;
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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