George and all, Thank you George, very much! So to sum up, Afilias the .Info registry takes no responsibility for whatever it's registrar may or may not have done in it's determination of what any .Info domain name may or may not be "Involved" in or with. So that means that there essentially is no means by which, other than a UDRP provider, that abusive or accused abusive DN's as to take down, ect. So they, Afilias, ICANN, essentially punted. Just lovely! George Kirikos wrote:

Hi folks,

I just wanted to share a few tidbits, so it's on the record. Does anyone here find it interesting that in their proposal, they cite 3.6.5:

http://www.icann.org/en/registries/rsep/afilias-request-20jun08.pdf

But according to their own staff, in the Fast Flux working group:

http://forum.icann.org/lists/gnso-ff-pdp-may08/msg00333.html http://forum.icann.org/lists/gnso-ff-pdp-may08/msg00036.html

about section 3.6.5. :)

"Language you cite from the .info RRA does not permit "de-registration in the event of criminal activity, and/or to protect the interests of the registry/registrar." The "integrity and stability of the registry" refers to operational stability and accuracy, which is not threatened by a phish, or fast-flux domains, etc. Such threats to the stability of the registry itself are quite rare. "Integrity" does not means the interests of the TLD. As far as I am aware, there are no blanket laws or government rules that allow gTLD registries to suspend domains etc whenever they like. Court orders etc. are specific to particular cases, of course. "

Not just any staff, though, but "Greg Aaron is Director, Key Account Management and Domain Security at Afilias." "Greg manages registry services for .INFO, and oversees Afilias' security programs, designed to address domain name abuses such as phishing, spam, and malware in .INFO."

Also, - Afilias quotes the example of .biz for precedent in order to get Fast Track approval from Staff:

"For example, ICANN's contract with the .BIZ registry operator includes a prohibition against registrants "Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes."

http://www.icann.org/tlds/agreements/biz/appendix-08-08dec06.htm

Afilias failed to mention that in that same agreement, 5 or 10 lines below what they quoted, it says: (Exhibit D, point II)

"The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. ******None of the violations of the Restrictions will be enforced directly by or through Registry Operator.****** Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes."

In other words, the precedent they cited was flawed, and was actually about the registry operator explicitly NOT reviewing it, but only acting on a ruling from an ICANN-accredited dispute provider.

Just thought some folks might want this information.

Enjoy!

Sincerely,

George Kirikos http://www.kirikos.com/

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