Re: ICANN: Breach of Contract Notices Sent to Joker.com and DNS.com.cn

[Matt Jonkman <jonkman () jonkmans com>]

Does anyone know of a way to push ICANN to take a look at estdomains? Or
some of our other favorites? Maybe a good public hanging will get some
cooperation across the board?

Matt

Paul Ferguson wrote:
> Via ICANN.org.
>
> [snip]
>
>  ICANN has sent breach notices to two ICANN-accredited registrars, Beijing
> Innovative Linkage Technology Ltd., doing business as DNS.com.cn and
> Joker.com, on 30 September 2008.
>
> These registrars failed to comply with Section 3.7.8 of the Registrar
> Accreditation Agreement (RAA) which requires registrars to take "reasonable
> steps to investigate" Whois inaccuracy claims.
>
> Section 3.7.8 of the RAA requires registrars, "&upon notification by any
> person of an inaccuracy in the contact information associated with a
> Registered Name sponsored by Registrar, take reasonable steps to
> investigate the claimed inaccuracy. In the event Registrar learns of
> inaccurate contact information associated with a Registered Name it
> sponsors, it shall take reasonable steps to correct that inaccuracy."
>
> In November 2007, ICANN audited registrar compliance with the investigation
> of Whois inaccuracy claims filed through ICANN's Whois Data Problem Report
> System (WDPRS). The audit analyzes the complaints as well as complainant
> follow-up correspondence indicating "no change" to Whois data 45 days after
> the claim is filed. Registrars that appear to take no action in response to
> a significant percentage of WDPRS complaints are sent a Notice of Concern
> that request they provide ICANN with details regarding the steps taken to
> investigate the claimed Whois inaccuracies - as required by Section 3.7.8
> of the RAA.
>
> On 29 May 2008, ICANN sent Joker.com and DNS.com.cn Notices of Concern.
> Both subsequently assured ICANN that they were investigating Whois
> inaccuracy claims and had suitable processes in place to do so. However,
> ICANN found compelling evidence leading to a conclusion that both
> DNS.com.cn and Joker.com do not appear to be taking reasonable steps to
> investigate these claims as required.
>
> Accordingly, on 30 September 2008 ICANN sent DNS.com.cn and Joker.com
> notices of breach of contract. To avoid the commencement of the termination
> process, DNS.com.cn and Joker.com must cure the cited breaches within 15
> days. ICANN will pursue all remedies available under the terms of the RAA,
> including possible termination, if DNS.com.cn and Joker.com fail to cure
> the cited breaches.
>
> DNS.com.cn has over 300,000 domain names under management and Joker.com has
> over 600,000 domain names under management.
>
> [snip]
>
> More:
> http://www.icann.org/en/announcements/announcement-01oct08-en.htm
>
> - ferg

-- 
--------------------------------------------
Matthew Jonkman
Emerging Threats
Phone 765-429-0398
Fax 312-264-0205
http://www.emergingthreats.net
--------------------------------------------

PGP: http://www.jonkmans.com/mattjonkman.asc


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