ICANN: Breach of Contract Notices Sent to Joker.com and DNS.com.cn

["Paul Ferguson" <fergdawgster () gmail com>]

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Via ICANN.org.

[snip]

 ICANN has sent breach notices to two ICANN-accredited registrars, Beijing
Innovative Linkage Technology Ltd., doing business as DNS.com.cn and
Joker.com, on 30 September 2008.

These registrars failed to comply with Section 3.7.8 of the Registrar
Accreditation Agreement (RAA) which requires registrars to take "reasonable
steps to investigate" Whois inaccuracy claims.

Section 3.7.8 of the RAA requires registrars, "…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 the 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."

In November 2007, ICANN audited registrar compliance with the investigation
of Whois inaccuracy claims filed through ICANN's Whois Data Problem Report
System (WDPRS). The audit analyzes the complaints as well as complainant
follow-up correspondence indicating "no change" to Whois data 45 days after
the claim is filed. Registrars that appear to take no action in response to
a significant percentage of WDPRS complaints are sent a Notice of Concern
that request they provide ICANN with details regarding the steps taken to
investigate the claimed Whois inaccuracies - as required by Section 3.7.8
of the RAA.

On 29 May 2008, ICANN sent Joker.com and DNS.com.cn Notices of Concern.
Both subsequently assured ICANN that they were investigating Whois
inaccuracy claims and had suitable processes in place to do so. However,
ICANN found compelling evidence leading to a conclusion that both
DNS.com.cn and Joker.com do not appear to be taking reasonable steps to
investigate these claims as required.

Accordingly, on 30 September 2008 ICANN sent DNS.com.cn and Joker.com
notices of breach of contract. To avoid the commencement of the termination
process, DNS.com.cn and Joker.com must cure the cited breaches within 15
days. ICANN will pursue all remedies available under the terms of the RAA,
including possible termination, if DNS.com.cn and Joker.com fail to cure
the cited breaches.

DNS.com.cn has over 300,000 domain names under management and Joker.com has
over 600,000 domain names under management.

[snip]

More:
http://www.icann.org/en/announcements/announcement-01oct08-en.htm

- - ferg

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-- 
"Fergie", a.k.a. Paul Ferguson
 Engineering Architecture for the Internet
 fergdawgster(at)gmail.com
 ferg's tech blog: http://fergdawg.blogspot.com/

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