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Contract Enforcement

  • To: psc@xxxxxxxxx
  • Subject: Contract Enforcement
  • From: Danny Younger <dannyyounger@xxxxxxxxx>
  • Date: Sat, 17 Mar 2007 17:15:16 -0700 (PDT)

In its Draft Committee Report the PSC referenced
Responsibility #10 cited in the Joint Project
Agreement that in part called for "devoting
adequate resources to contract enforcement".  

Unfortunately, the PSC did not choose to treat the
issue of contract compliance as a strategic

While this clear failure to put registrant security
and stability concerns at the top of a strategic
priority list may have been occasioned by the top-down
nature of the Committee itself, it cannot be said that
the Committee was unaware of these concerns as the PSC
was in receipt of written comments on compliance
issues from both the INTA and Network Solutions:  

INTA:  "The safety and reliability of the DNS is
threatened when ICANN does not enforce the contracts
on which its business is based."

Network Solutions:  "Take a proactive role in
compliance efforts to limit abuses, particularly in
light of the budgetary resources allocated in this
area and ICANN's claim that with a larger budget it
could address these abuses."

By now, the PSC should have become aware of the
registerfly.com debacle and the need to deal with
these matters on a more proactive basis.  

I ask the Committee to advise the President to:
(1) examine the potential need for contractual
arrangements that impose reasonable requirements on
the domain reseller community
(2) implement a schedule, terms, and format for the
registrant data escrow arrangement
(3) hire additional compliance staff
(4) consider increasing the frequency of compliance
reviews (currently invoked only during the
accreditation renewal process)
(5) publicly post a RAA Violations Form that
enumerates all registrar contractual obligations and
allows the public to notify ICANN of any RAA-specific
(6) formulate a gTLD Registrar Code of Conduct (see
RAA 3.7.1 -- perhaps using the Eurid model as a guide)
(7) inform the public whenever any registrar fails to
make a scheduled payment to ICANN 
(8) inform the public whenever any registrar is not in
a status of full RAA compliance 

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