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Comments or questions here refer to the last (October 2012) Compliance Newsletter

  1. In reference to the "Volume of Complaints per Notification Cycle - Oct 2012" Bar chart, there appears to be a lack of context, for example the number of "closed" complaints exceeds the number of "received" complaints. There is no explanation of what these numbers really mean or how the related to each other. Can Compliance clarify the data?

  2. Under the "Responding to Whois Inaccuracy Complaints" section it is statedthat Registrar "Reasonable steps" include canceling the domain registration if the registered name holder (A) Provided inaccurate or unreliable information, (B) Failed to promptly update information, and/or (C) Failed to respond for over fifteen calendar days to inquiries. This appears to be in direct conflict with the Compliance advisory from 2003 which states in part that "Subsection 3.7.7.2 of the Registrar Accreditation Agreement does not require a registrar to cancel a registration in the event a customer fails to respond within 15 days", "the registrar is given discretion to act", "a registrar can appropriately conclude that much more than 15 days should be allowed before the registration is cancelled". Additionally, Compliance staff stated in the WHOIS Review Team Report that "there is no requirement in the RAA for registrars to ensure that WHOIS data is accurate." Compliance appears to overstepping its authority in the most recent newsletter and contradicting the standing policy without rescinding that policy. In the interests of transparency can Compliance cite the specific authority which allows ICANN to state that the "registrar should...cancel the domain registration" when this language does not exist in the contract?

  3. The "Enforcement Activity" Section of the Newsletter has no reference to the 14 September 2012 Breach of AB Connect Sarl, yet it has references to breaches issued before and after the AB Connect breach. Our specific question is: why is the AB Connect Sarl breach not listed in the October summary?

III. Review of Compliance Meeting in Toronto

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