Did the Afilias registrars have an obligation under their conditions of ICANN accreditation
to check the details of .info Sunrise applications?All Afilias approved registrars
have to be ICANN accredited registrars.
ICANN accredited registrars have an obligation
under the conditions of their Registrar Accreditation Agreement to check the accuracy
of the details supplied by domain name applicants.
Now I am aware that the regulations
below refer to address details, and that registrars were handling applications for
a lottery in a rollout, but as such applications would be the basis of a registration
if successful in the lottery, would a court of law judge the details of the Sunrise
qualifying criteria, namely the accuracy/validity of trademark details to be any
less important than the applicant's address details and that a registrar which failed
to check such details would be in breach of their ICANN Registrar Accreditation?
I
believe from my reading of the ICANN Registrar Accreditation Agreement, notwithstanding
what Afilias may have said, registrars were required to check details bearing upon
the accuracy/validity of the possible registration and that once a registrar had
become aware that any applicant's details may not be accurate/valid, the registrar
was required to contact the applicant to provide them with the opportunity to amend
the detail. In the case of the lottery application/registration - provide proof
of detail.
I would like your opinion Bob and Richy.
ICANN Registrar Accreditation
Agreement (17 May 2001)
http://www.icann.org/registrars/ra-agreement-17may01.htm
3.
REGISTRAR OBLIGATIONS.
3.1 Obligations to Provide Registrar
Services. During the Term of this Agreement, Registrar agrees that it will operate
as a registrar for each TLD for which it is accredited by ICANN in accordance with
this Agreement.
3.7.7 Registrar shall require all Registered Name Holders to enter
into an electronic or paper registration agreement with Registrar including at least
the following provisions:
3.7.7.1 The Registered Name Holder shall provide to Registrar
accurate
and reliable contact details and promptly correct and update
them during the term
of the Registered Name registration, including: the full name, postal address, e-mail
address, voice telephone number, and fax number if available of the Registered Name
Holder; name of
authorized person for contact purposes in the case of an Registered
Name
Holder that is an organization, association, or corporation; and
the data elements
listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.
3.7.7.2 A Registered Name Holder's
willful provision of inaccurate or
unreliable information, its willful failure
promptly to update information provided to Registrar, or its failure to respond for
over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact
details associated with the Registered Name Holder's registration shall constitute
a material breach of the Registered Name Holder-registrar contract and be a basis
for cancellation of the Registered Name registration.
3.7.7.9 The Registered Name
Holder shall represent that, to the best of the Registered Name Holder's knowledge
and belief, neither the
registration of the Registered Name nor the manner in
which it is
directly or indirectly used infringes the legal rights of any third
party.
3.7.7.11 The Registered Name Holder shall agree that its registration
of
the Registered Name shall be subject to suspension, cancellation, or transfer pursuant
to any ICANN adopted specification or policy, or
pursuant to any registrar or
registry procedure not inconsistent with an ICANN adopted specification or policy,
(1) to correct mistakes by
Registrar or the Registry Operator in registering the
name or (2) for the resolution of disputes concerning the Registered Name.
3.7.8
Registrar shall abide by any specifications or policies established according to
Section 4 requiring reasonable and commercially practicable (a) verification, at
the time of registration, of contact information associated with a Registered Name
sponsored
by Registrar or (b) periodic re-verification of such information. Registrar shall,
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
that 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.