Stacy and all, Thank you for you thoughtful and specifically crafted response. Very refreshing for a change on this ALAC forum. I agree that there is of course no need for a change in the RAA to address this inparticular compliance issue. I am however concerned as a number of our members have been repeatedly reminding me that lack of response to correspondance to Registrars, Registries, both IP and TLD, as well as Admin. and Spam contact Email addresses, such as Google.com's, Gmail.com, and Yahoo.com's in respect to spam reporting and phishing reporting by users, and most of our members has become the norm over the past 5+ years. Here we believe that a amendment to the RAA contracts to specifically correct and certainly punish the practioneers of same, is necessary. -----Original Message-----
From: Stacy Burnette <stacy.burnette@icann.org> Sent: Jun 13, 2008 11:37 AM To: "dannyyounger@yahoo.com" <dannyyounger@yahoo.com> Cc: Mike Zupke <Mike.Zupke@icann.org>, Tim Cole <Tim.Cole@icann.org>, At-Large Worldwide <alac@atlarge-lists.icann.org> Subject: Re: [At-Large] Compliance Issue
Dear Mr. Younger:
Thank you for writing me regarding this important matter. We are aware of the issue that you set forth below. One of the primary reasons these registrars have been de-accredited is because they have consistently failed to respond to ICANN's correspondence and requests. We are making efforts to have any reference to "ICANN Accredited Registrar" removed from their websites.
With regard to your question about proposed changes to the RAA to deal with an issue like this in the future, the last paragraph of the Logo License addresses this issue. http://www.icann.org/registrars/ra-agreement-17may01.htm#3. It states,
TERM AND TERMINATION
This Logo License Appendix shall be effective from the date it is signed below by both parties until the Expiration Date, unless this appendix or the Registrar Accreditation Agreement is earlier terminated. Each party shall have the right to terminate this appendix at any time by giving the other party written notice. Upon expiration or termination of this appendix, Registrar shall immediately discontinue all use of the Trademarks.
As indicated in the Logo License, "ICANN Accredited Registrar" is an ICANN trademark. As such, a RAA amendment is not needed to address this issue.
Thanks again for your interest in this matter and I encourage you to write me in the future if you have other questions.
Very truly yours,
Stacy Burnette Director Contractual Compliance ICANN
-----Original Message----- From: Danny Younger [mailto:dannyyounger@yahoo.com] Sent: Friday, June 13, 2008 10:40 AM To: Stacy Burnette Cc: At-Large Worldwide Subject: Compliance Issue
Dear Ms. Burnette,
I write to you regarding a compliance issue:
One week ago the community was notified that two registrars had lost their accreditation. However, when one visits their websites we see that they are currently indicating to the public that they are still ICANN Accredited registrars. We earlier had the same problem with RegisterFly that continued to identify itself as ICANN-accredited until the Courts intervened. May we ask how this issue will be addressed? Are there changes proposed to the RAA that would deal with this matter in the future?
regards, Danny
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