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ICANN provides the following update: |
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Saturday, 03 March 2007 |
Today ICANN issued a News Announcement regarding Registerfly. Interesting News.
RegisterFly Update - 2 March 2007
ICANN provides the following update:
- As is already known on 21 February 2007, ICANN issued a letter to RegisterFly
[PDF, 101K] indicating a Notice of Breach of its Registrar
Accreditation Agreement (RAA) and demanding that RegisterFly act within
15 working days to cure the breaches outlined in the letter.
- Also on 21 February, ICANN sent a Notice of Audit
[PDF, 60K] that required RegisterFly to allow ICANN to inspect and copy
records as well as a notice to submit data to ICANN or a reputable
escrow agent regarding registration applications and Registered name
holders.
- On 27 February 2007, ICANN sent two employees to
RegisterFly offices in New Jersey to audit them and obtain the
registrant information.
- RegisterFly has not complied. On 1 March 2007 RegisterFly's lawyers forwarded a letter
[PDF, 12K] to ICANN advising that refusal to comply with ICANN's
request "should not be construed as my client's unwillingness to
cooperate with ICANN but as evidence of their continuing efforts to
service their customers."
- In response ICANN has issued a second letter
[PDF, 288K] dated 2 March 2007 setting out additional breaches of the
Registrar Agreement. In that letter ICANN describes RegisterFly's
statement that refusal to comply is evidence of customer service as
"preposterous."
- RegisterFly's continuing breaches of the RAA are serious and will be pursued.
- ICANN's primary concern is to do what it can to protect registrant and related data.
- ICANN has provided notice that it will file a suit against
RegisterFly in the United States District Court for the Central
District of California seeking a temporary restraining order (TRO)
requiring RegisterFly to turn over the data requested and to compel an
emergency audit of its books and records.
- In addition to this legal action, ICANN today convened a
telephone conference among those needed to implement a plan that will
help cease unintended deletions. The participants were registries
holding RegisterFly names: Afilias (.info), Newstar (.biz), VeriSign
(.com, .net), RegisterFly backend services provider Tucows and eNom
(for which RegisterFly was a reseller) as well as representatives of
RegisterFly.
- The Registries involved have agreed to move any RegisterFly
names in Redemption Grace Period* status into Server-Delete-Prohibited
status. This will prevent them from being deleted from the registry and
becoming available for re-registration by others. ICANN commends and
encourages this example of cooperation to protect registrant data.
ICANN will provide further updates as new information is available and action taken.
Media Contacts:
Paul Levins
Executive Officer and Vice President
Corporate Affairs
ICANN
Ph: +1 310 301 5804
E:
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International
Andrew Robertson, Edelman ( London)
Ph: +44 7921 588 770
E:
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* (Registration Grace Period is a period that allows the domain-name
registrant, registrar, or registry operator time to detect and correct
any mistaken deletions. During the grace period, the deleted name will
be placed on REGISTRY-HOLD, which will prevent the name from
functioning/resolving. This tends to call attention to the impending
deletion).
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