RE: [registrars] Registrar Resolution

["John Berryhill" <john@xxxxxxxxxxxxxxxxx>]

I agree with Tim's comments.  "Fly by night" is vague (and I am sure that
most of us are indeed arriving in Lisbon in the morning).

"potential bad acts" - Registrar instability or other unreliability need not
be willful, but may arise by negligence, financial insolvency, civil
disturbance, etc.  During hurricane Katrina, for example, one registrar was
operating on diesel generators.

Tim's suggestion to some wording along the lines of "unreliable" or
"potentially unstable" would hit both points.

John Berryhill, Ph.d., Esq.
4 West Front St. 
Media, PA  19063
(610) 565-5601
(267) 386-8115 fax

-----Original Message-----
From: Tim Ruiz [mailto:tim@xxxxxxxxxxx] 
Sent: Tuesday, March 20, 2007 8:59 PM
To: Nevett,Jonathon
Cc: Registrar Constituency
Subject: RE: [registrars] Registrar Resolution

Jon, would you be agreeable to either removing the term "fly-by-night"
or replace it with the term unreliable? The reason is that the recent
problems that prompted this started almost a year ago. If enforcement
is taking serious early on it may prevent a de-accreditation situation.
And I don't think a registrar has to be "fly-by-night" to potentially
cause problems that need enforcement. 

Whereas, registrants must be protected against the potential bad acts of
registries and registrars;

Whereas, it is incumbent on ICANN to protect registrants against the
potential bad acts of gTLD registries and registrars;


Tim

 

 -------- Original Message --------
Subject: [registrars] Registrar Resolution
From: "Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>
Date: Tue, March 20, 2007 5:11 pm
To: "Registrar Constituency" <registrars@xxxxxxxxxxxxxx>

Registrars:   
A number of folks have collaborated in drafting the following resolution
in response to the recent events related to the de-accreditation of
RegisterFly.

Please indicate if you support the resolution and I will read it in
Lisbon along with a copy of those registrars in support.

Thanks.

Jon
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Whereas, registrars only succeed if they provide valuable services to
their customers;

Whereas, registrants must be protected against the potential bad acts of
"fly-by-night" registries and registrars;

Whereas, it is incumbent on ICANN to protect registrants against the
potential bad acts of "fly-by-night" gTLD registries and registrars;

Whereas, ICANN Staff has recently formulated a new Compliance Program
for gTLD Registries and Registrars;

Whereas, ICANN Staff has recently announced its success in furthering a
data escrow requirement for gTLD registries
http://www.icann.org/announcements/announcement-05mar07.htm;

Whereas, ICANN Staff has not yet specified a schedule, terms, or a
format of a data escrow requirement for gTLD registrars;

Whereas, many registrars currently secure registrant and domain name
data through various back-up methods, but that this practice is by no
means uniform or compulsory across all accredited registrars;

Whereas, the various back-up methods used by registrars may not be
sufficient in all cases to assist ICANN Staff in recovering such data
in the event of registrar business failure; and

Whereas, recent events have highlighted the need for a registrar data
escrow program and enhanced compliance efforts with regard to
requirements in the Registrar Accreditation Agreement.

Be it resolved that the undersigned registrars call for ICANN Staff to
work with the ICANN Registrar Constituency to finalize the terms of a
gTLD registrar data escrow program; and

Be it further resolved that the undersigned registrars call for ICANN
Staff to work with the ICANN Registrar Constituency to improve the
effectiveness of the ICANN Compliance Program for gTLD Registrars.