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Thursday, 22 March 2007
ICANN made an announcement today regarding Registerfly and their Accreditation Agreement (RAA).  This is a good read, please read more.

President and CEO of ICANN, Dr Paul Twomey today called for major review of ICANN’s Registrar Accreditation Agreements (RAA) and the Accreditation process.

“What has happened to registrants with RegisterFly.com has made it clear there must be comprehensive review of the registrar accreditation process and the content of the RAA” he said. “This is going to be a key debate at our Lisbon meeting scheduled for 26 - 30 March 2007. There must be clear decisions made on changes. As a community we cannot put this off.”

“ICANN introduced competition to the domain name market in 1998. Back then there was one registrar. There are now over 865. That’s a good thing because it has made domain names cheaper and offered more choice. But the RAA was designed and signed when the domain name market was much smaller. The market now supports about 70 million generic TLD names and is growing.” Dr Twomey said.

“Registrants suffer most from weaknesses in the RAA and I want to make sure that ICANN’s accreditation process and our agreement gives us the ability to respond more strongly and flexibly in the future” he said.

“What is presently happening with RegisterFly makes it clear that there are also some problems with proxy registrations. Specifically, proxy registrations are available as a choice, but people who have them have great difficulties getting access to their data and having their domain name transferred where a registrar is uncooperative or has other problems with transfer. ICANN has had difficulty accessing this data too,” Dr Twomey said.

“We need to expedite data escrow. There has been a long and detailed discussion and much interaction between ICANN staff and registrars on this issue. But we need to reach a conclusion. Recent events and the Lisbon meeting present that opportunity. There are resource implications and useage rules that need to be discussed among the ICANN community. I look forward to the continuing efforts and collaboration of registrars with ICANN in that regard ” he said.

“Registrants clearly want ICANN to have more capacity to access data on their behalf if there are significant problems with their registrar. There is a need for better enforcement mechanisms and an ability for ICANN to intervene more quickly if a registrar fails or is engaged in damaging business practice” he added.

“There’s also no way that registrants can measure the performance of registrars in any independent comparative way. That should be encouraged” Dr Twomey said.

“The vast majority of ICANN’s accredited registrars offer high levels of service and integrity. But as we have seen, there is the risk that poorly performing registrars can hurt registrants very significantly. If the domain name industry wants to remain community self –regulating as it has been until now we need to put in place further sensible and practical measures to protect registrants” he noted.

Dr Twomey said he would like to see the following issues included in any discussion:

Purpose of Register Accreditation Policy and Agreement

What is the primary purpose of the Registration Accreditation Agreement? Is it a compliance tool? If so how can it be strengthened to protect registrants?

Rating of Registrars

How should ICANN and/or the registrar constituency encourage a system that rates registrars according to customer service and performance and should this be available to registrants?

Affiliated Registrars / Group ownership

Affiliated registrars have common ownership or control. What is the best mechanism for ICANN to hold affiliated registrars accountable for an affiliate’s actions?

Additional compliance enforcement tools

Stronger compliance tools need to be included in any reform to the RAA. What are those tools? Do they encompass liquidated damages? Should registrars be able to be suspended more readily? Are there other options? What are the mechanisms that allow such options to be enforced quickly?

Transfer policy

What elements of the transfer policy need to be reformed? Should registrants have an alternative to their current registrar for the issuing of authcodes and the unlocking of them? Should ICANN or another entity be able to do this?

Registrar operator skill testing

How is it possible to assess registrar skills and to train registrars to a common standard of performance upon which registrants can rely?

Accreditation by purchase

It is possible for companies to ‘avoid’ accreditation application process by buying a registrar. How can abuse of this loophole be stopped?

Proxy registrations

There needs to be an examination of proxy registrations in light of difficulties faced in registrar data recovery. What is the balance between privacy and disclosure?

Reseller liability under RAA

What tools are needed to ensure better accountability by resellers to registrants?

Registrar data escrow

What data needs to be escrowed? If implementation needs to move faster, greater resource allocation is required. What level of resourcing is necessary?

Clarification of ICANN's responsibilities and the options available to registrants

ICANN recently posted a guide for registrants on its website but additional consumer options (outside ICANN) should be identified for and provided to registrants. Is there a need for a new entity to assist customers and intervene on behalf of their concerns?

“All ICANN stakeholders need to be involved in this debate. But in particular I would like to see registrars and registrants actively engaged in the discussion,” Dr Twomey said. “It is in their interests to make sure that poor practice is driven from the process and that the protection of registrants is increased.”

Media Contacts:

Jason Keenan
Media Adviser
ICANN ( USA)
Ph: +1 310 818 9072
E: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

International: Andrew Robertson
Edelman ( London)
Ph: +44 7921 588 770
E: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

This was posted on ICANN.org here.

Comments
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Nuclear Moose - Toothless lion Registered | 2007-03-22 01:11:14
ICANN created this mess. They were completely short-sighted. I hope that they enjoy their stay in beautiful Lisbon and endlessly debate policy and dogma while those of us who put some faith into their "authority" over domain registration suffer the stress of not being able to operate our business and personal sites.
jsmith - ICANN'T Registered | 2007-03-22 06:32:17
I've also been reading at http://blog.icann.org that ICANN'T is talking about reviewing the WHOIS policy. They state there is too much fraud with the current open WHOIS system. I'm sure the RegisterFly debacle will cloud anything else. Good for them... they've screwed-up everything else.
dnsportugal - Lisbon Meeting Registered | 2007-03-22 11:08:36
Still waiting for your ideas to get to the ICANN workshop here at Lisbon...
dsmj - LISBON Publisher | 2007-03-22 16:17:05
1) Full transaction Audit Data from registrars
( not just DB escrow ) - someone needs to access this info, especially for registerfly

2) DO NOT want an ICANN storm trooper police force. ICANN should be for Research and acessability, the stuff it does already.

3) END the Redemption $$$ it was a mistake that Registerfly customers are being punished with.

4) Some US GOV Commerce Dept. influence and enforcement should be placed, and allowed to reach out and act quickly for Business Practice Malfeasance such as the registerfly problem, SPAM all that needs a SWAT TEAM with serious clout and mandate for swift action.

That Request should originate from ICANN in a way that manages Accrediation, handing authority out to more than JUST ICANN and allowing enforcement that is not ICANN.
dnsportugal - re: LISBON Registered | 2007-03-23 04:54:50
I agree with you except for number 4)

I really can't see why should the US GOV Commerce Dept. police the registration process.

As far as i can tell RF is a US company and i didn't see any US agency taking any action to solve the problem
dsmj - excellent point Publisher | 2007-03-24 09:42:13
Thanks Dnsportugal.

The authority that ICANN reports to in the US Federal system is the Dept of Commerce, Chief of Staff, through National Telecommunication and Information Admin. ( so i am told anyhow)

This Resource link may be of benefit to you.
http://does-not-exist.net/icann-primer/ICANNprimer.htm

Relevant Summary:

ICANN is a private non-profit organization, incorporated and headquartered in Los Angeles, California. Founded in November 1998, ICANN was created as a private, bottom-up alternative to government management of key Internet resources like the Domain Name System and IP address allocation hierarchy.

Prior to ICANN's creation these resources were managed on an ad hoc basis by Internet engineers and academics around the world. A significant part of that management took place at the University of Southern California as part of a research grant by the National Science Foundation by people like Internet pioneer Jon Postel. These researchers provided critical coordination for the Internet as a public service, first to the relatively small community of like-minded scientists who used the network, and later to the growing community of worldwide users.

As the Internet began to explode in popularity, a desire to recast such management in a new form began to emerge among policymakers in government and the private sector. In 1998, the Clinton Administration issued a White Paper calling for a new organization to manage centralized Internet systems in accordance with four principles:

Stability. The change in management should not disrupt Internet service. The stability of the Internet, and the security and reliability of the DNS, should be top priorities.
Competition. At the time of the White Paper's issuance, there was no competition in the provisioning of DNS services. One company, Network Solutions, held a monopoly both on selling domain names (the registrar function) and maintaining the database of active domain names (the registry function). The introduction of competition at both levels was to be a priority.
Private, Bottom-Up Coordination. The White Paper judged private-sector coordination of these functions to be preferable to government control, since the private sector would be better able to adapt to the rapidly-changing online environment. However, the White Paper emphasized that the Internet's tradition of bottom-up decision-making should be respected.
Representation. The White Paper required that whatever body would manage these functions should represent as well as possible all the different affected elements of the Internet community.

ICANN was formed expressly to satisfy these and other conditions of the White Paper, and in November 1998 ICANN signed a Memorandum of Understanding (MOU) with the U.S. Department of Commerce. Under the MOU (which, as of this writing, is still in effect), ICANN assumed operational control of the DNS, the IP addressing process, and the network protocol development process. ICANN's major decisions, however, are still subject to the approval of the Department of Commerce.

Trust me, ths was a much better outcome than letting Network Solutions gouge people with whatever fees they felt they wanted, literally they were in a position of monopoly where they could "print money" when they wanted to. NetSol was aquired by Verisign. Verisign's DNS NOT FOUND link farm stunt was proof that they would abuse whatever they could in DNS resolving at the root. I was among the many that reported harm to ICANN on that one and ICANN handled it well, that situation was within thier ability and mandate.

Internic www.internic.net/cgi/registrars/problem-report.cgi - has no enforcement.


You should know that The US DEPT of Commerce has all the clout it needs to do whatever it takes, and that includes creating a Task Force to react to matters that arise.

My Personal view is that every country on this planet should have a registrar authority that enforces rules of its own and no UN or anyone for that matter should have ultimate authority over domain name management.

ICANN is and should be a Research and Standards organization, and at best should provide mandatory training and reporting to registrars. The process of enforcement especially in business practice and contract law, should be pushed upward to an Authority that has already in place the ability and jurisdiction to act and enforce.

e.g. ICANN should report and reccommend action that should be reviewed and approved and acted upon by a higher authority. http://www.commerce.gov/index.htm

I see no benefit in BASHING ICANN or insisting that they create a registrar storm-trooper team to deal with the likes of Registerfly.

I do see that the entire planet we live in is affected by this and other regisrars that need to know and realize that FAILED TRANSACTIONS will be dealt with, quickly and severely, whereas right now they get away with whatever they want to.

Transactions and Trademarks ( IP LAW ) are the jurisdiction of the US Dept of Commerce. ICANN should accept and review requests for Accreditation, and then final approval should take place at the US Commerce Dept. Accreditation should be with The US Dept of Commerce. Compliance enforcement in all regards should initiate at the Commerce Dept. We want people that can kick-butt and Take Names. Literally.

US DOC has to date been hands-off on all this. The Web is too important for that to persist. Secretary Gutierrez oversees a diverse Cabinet agency with some 38,000 workers and a $6.5 billion budget focused on promoting American business at home and abroad. Carlos, we need you NOW.

I work with complex data. Trust me DNS and registration is not rocket science, handling it is cheap, its very basic records management requiring unique data transactions.
KimVette Administrator | 2007-03-24 15:27:53
* The grace periods should be mandatory and extended to take into account registrar fraud and negligence

* Accreditation should come with strict penalties should registrars become negligent or abusive or engage in fraud as RegisterFly has

* ICANN should handle complaints about registrars. (more on this tomorrow)
KMN - Wow... Registered | 2007-03-22 15:27:36
You know what? Well this should go in the post below but I'm hoping someone will read this :-/ I have a few domains still left on registerfly that I can't transfer because they're locked..... even though I unlocked them and they say unlocked in my rf console. Am I screwed?

Also, I received one of those letters today from registerfly to verify the whois on one of my domains is correct. So are they still in business or what?
And what about mone they took from me after I cancelled my hosting account, how do I get that back?

Thanks for any help!
nicola Registered | 2007-03-23 13:14:07
Can the BBB Help?

Lot of people complaining to the Better Business Bureau too, maybe another option to get your support issues resolved (some of the BBB reports show resolved and BBB has to verify it's resolved so report would be accurate). At this point in time probably a slim change that it would help but wouldn't hurt to try and you'd be at least warning other consumers to be wary of them, it's worth adding your complaint/issue if you have one.

BBB Report on Registerfly.com :
http://www.trenton.bbb.org/nis/newsearch2.asp?ID=1&ComID=0221000010002016

To file a complaint about Registerfly with BBB for New Jersey Office go here:
http://www.trenton.bbb.org/complaints/complaints.html

For Miami Office, you'd file a complaint on Registerfly here:
https://odr.bbb.org/odrweb/public/ConsumerInformation.aspx?ComplaintTypeID=2
lhale Registered | 2007-03-23 20:54:38
Filed with the BBB in New Jersey. They sent me snail mail saying that the business is not operating there any more. Given that, best shot is probably Miami.
PPNSteve Registered | 2007-03-23 13:38:12
well just posted a complaint to the BBB, lets hope it has some weight as all the ICANN and direct contact with RF has so far failed and we're no closer to getting our domain back then before.
Danial Registered | 2007-03-25 19:51:04
The BBB is useless. All they will do is send a letter to RegisterFly. If RF does not respond then they just add a note to their file and increment the number of documented complaints by 1.

See list of RF/BBB complaints here:
http://www.trenton.bbb.org/nis/newsearch2.asp?ID=1&ComID=0221000010002016
and here:
http://search.bbb.org/Results.aspx?n=registerfly&add=&c=&st=&z=
fiddler - There is hope! Registered | 2007-03-24 07:41:35
I had 4 domains with RRP as Authorization Codes and one domain listed on my Expired list at RF, although the domain was in fact renewed in Dec. and according to the WhoIs does not expire until Dec. of 2007. I, too, sent numerous support tickets to RF that not only have gone unanswered, but also disappeared from my list of support tickets. And spent countless hours on the telephone waiting until I finally just hung up.

But in following the posts here, and being persitent, I finally got some action out of RF. Here's what worked for me:

On March 13 I sent transfer-questions@icann.org an email outlining the problems I was having with RF concerning my domain names. I received a reply, which I had to respond to, as confirmation that I indeed sent the email in the first place.

I waited until Mar. 22 to contact them again to tell them no action had been taken by RF. I also emailed Oscar@registerfly.com at the same time, repeating the problems with the domains that had RRP as Authorization Codes and the one domain that had been placed in my Expired list, which had not really been expired. I supplied screenshots from my RF account, as well as from WhoIs.net showing the "unexpired" domain, and my credit card statement showing payment for the renewal of the "expired" domain name in question. Although the credit card statement did not specifically say the payment was made for THAT domain, it was the only transaction on there from Boonton, NJ. and all my other domains which were renewed could be tracked via my funds account at RF. (I previously had 75 domains at RF, and was able to get all transferred except those 5 domain in question.)

Later that day I received another notice from ICANN stating I should wait 5 days to see if RF would take any action and to contact ICANN if no action was taken.

Also on Mar. 22, I faxed RF a letter outlining the domain problems, along with photocopies to back all my claims.

On Mar. 23, I logged into my RF account and found that my "expired" domain had been restored to my current domain list, and Authorization Codes had been supplied to all 5 domains. They are now in the process of being transferred to GoDaddy.

Whether this occurred because of ICANN's intervention, was the doing of Oscar at RF, or because of the fax I sent, I have no idea. All I know is my persistence finally paid off and I was one of the lucky ones not to have lost any of my domains in all this mess.

I attribute my luck to this web site and the administration behind it. Thanks to all of you who have contibuted to this important site. I've made a donation as a token of my appreciation and will continue to monitor this site in hopes of seeing others succeed, as well.
flytrap - PCWorld article Registered | 2007-03-24 08:57:18
Quote:
ICANN must be better prepared to act as an active industry watchdog, or cede its responsibilities to an organization that is capable of that job. The integrity of the Internet demands it.


http://www.pcworld.com/article/id,130097/article.html
dsmj - Post here please Publisher | 2007-03-25 20:40:29
I realize that the arrival of http://public.icann.org was very late in the game, but it is there and they did something..

http://public.icann.org/issues/registerfly-discussion
dsmj - ICANN Interview MP3 - REGISTER Publisher | 2007-03-25 10:25:43
http://www.icann.org/meetings/lisbon/interview-twomey-21mar07.mp3

Notice the interest in Departments of Commerce, TLDs. and Registerfly starts about halfway through.
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