- NA-Discuss - lists.icann.org

Registrar Abacus America is in Corporate Delinquency
by Garth Bruen at KnujOn June 1, 2010

June 1, 2010

Folks, KnujOn has retrieved a document indicating that the ICANN-Accredited Registrar Abacus America is in Corporate Delinquency in the state of Kansas. Kansas defines a company as Delinquent if “The business entity has not filed its annual report and fee by the due date.” As a corporation, Abacus America must disclose its finances publicly and “The business entity will remain in Delinquent status until it files its annual report, or until the business entity forfeits for failure to timely file the annual report and fee. (http://www.accesskansas.org/corp_search/status_window.html)”. Abacus America has until the end of July 15 to correct this, after which they will be in Forfeiture and lose their corporate status. This situation my put the Registrar in material breach of sections 5.3.2 and 5.3.7. Registrars may lose their accreditation if they become “bankrupt or insolvent” which could be a likely reason why a company would not post its statements. Full details in attached memo. This incident is significant because Abacus America was cited by LegitScript and KnujOn (http://www.knujon.com/schedule3/Steroid%20Report%20Knujon%20and%20LegitScri…) for sponsoring an unlicensed pharmacy selling Schedule 3 substances (http://www.justice.gov/dea/pubs/scheduling.html) without prescriptions and shipped into the U.S. from Turkey and Thailand. The Abacus America sponsored illicit pharmacy was discussed in a major underground steroids report in 2008(http://query.nytimes.com/gst/fullpage.html?res=9E07E4D91739F935A15754C…. Abacus America never responded to the report and the site (MULTIHGROUP.COM) is still active and registered through Abacus America. The site sells substances like Durabolin, Primobolan, and Anapolon, all illicit steroids. The site describes itself as “a mail-order company which has more than 10 years of experience on supplying, packaging (very discreetly) and sending anabolics and other pharmaceuticals overseas” This supports our contention that poor oversight and a lack of due diligence within the Internet architecture creates an atmosphere of permissiveness that allows illicit activity, like online drug-dealing, to continue with impunity. All of these issues have been reported to ICANN contractual compliance. This report is just the beginning an ongoing series of disclosures that link compliance failures to illicit online traffic. The full report will be published and released for the Brussels meeting. -Garth ------------------------------------- What is the Doomsday Book? http://knujon.com/doomsday Garth Bruen gbruen(a)knujon.com http://www.knujon.com http://www.linkedin.com/pub/4/149/724 Linkedin Group: http://www.linkedin.com/groups?gid=1870205 Blog: http://www.circleid.com/members/3296/ Twitter: @Knujon

1 0

ALS Application from Colorado ISOC chapter
by At Large Staff May 20, 2010

May 20, 2010

Dear all, This is to inform you that we received an ALS application from Colorado ISOC. It is based in Castle Rock, Colorado, USA and would be a member of NARALO if accepted. Please find the application form and bylaws attached. At-Large staff will provide the due diligence for this application in due course. Regards, Heidi Ullrich, Matthias Langenegger, Seth Greene, Gisella Gruber-White, Marilyn Vernon, Kristina Nordström ICANN At-Large Staff email: staff[at]atlarge.icann.org website: www.atlarge.icann.org

1 0

Sébastien Bachollet in NYC
by Joly MacFie May 19, 2010

May 19, 2010

ALAC member Sébastien Bachollet will be gracing the Big Apple with his presence over the next few days. We have an informal meetup planned for tomorrow Thurs May 20 at 5.30pm in an Irish Mexican pub. Murphy Gonzales, 21 Waverly Place NY NY 10003 http://www.murphy-gonzalez.com/ -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com Secretary - ISOC-NY - http://isoc-ny.org ---------------------------------------------------------------

1 0

Update on serious potential contract breach by eNom
by Garth Bruen at KnujOn May 14, 2010

May 14, 2010

Folks, This information has been forwarded to ICANN contract compliance. On December 23, 2008 the National Boards of Pharmacy issued a letter to eNom(care of Sarah Akhtar Cooper) expressing concern over their continued sponsorship of illegal online pharmacies. A copy of the letter may be found at http://www.legitscript.com/download/NABP-Letter-to-eNom.pdf. Subsequently, it was confirmed with the Pharmacy Boards of Manitoba, Minnesota, Ontario, Quebec, and Texas that the “pharmacy licenses” posted by the eNom-sponsored domains were forgeries. It is important to understand that local pharmacy boards are the primary regulatory bodies in this area. Notices of the forgeries were also sent to eNom. Most troubling, investigators were able to purchase drugs from an eNom-sponsored domain without a prescription. The drugs were shipped into the United States from India, which is illegal. The site in question is canadianhealthcaremall[dot]net and presents additional problems. Canadianhealthcaremall[dot]net uses a WHOIS privacy protection service. This practice was recently called “material falsification” by a 9th Circuit Court Judge in the decision of US v. Kilbride (http://www.ca9.uscourts.gov/datastore/opinions/2009/10/28/07-10528.pdf) Regardless of your views on WHOIS, it is clear this is being used to mask criminal activity. eNom received a request to terminate canadianhealthcaremall[dot]net and 3000 other unlicensed pharmacy domains on December 1, 2009. The full report, along with all relevant letters from pharmacy regulators, were made public last week. However, as of this writing, eNom has not responded or complied with the requests. >From my perspective it would appear that eNom is in grave violation of Registrar Accreditation Agreement Section 3.7.2: “Registrar shall abide by applicable laws and governmental regulations.” In this case the pharmacy boards are the appropriate government regulators. I'll keep everyone updated. -Garth

1 0

Re: [NA-Discuss] ALAC term
by Beau Brendler May 10, 2010

May 10, 2010

Thank you Darlene. That's very much appreciated, especially right now. If there's a time issue involved, why I don't I make a simple statement of interest now -- yes, I would be interested in running for another term -- and fill out the necessary biographical details at a later date. Beau Brendler -----Original Message----- >From: "Thompson, Darlene" <DThompson(a)GOV.NU.CA> >Sent: May 10, 2010 12:35 PM >To: Beau Brendler <beaubrendler(a)earthlink.net>, na-discuss(a)atlarge-lists.icann.org >Subject: RE: [NA-Discuss] ALAC term > >Hi there, > >I am surprised that your term was not listed in the attached document. I can't imagine that it would be too late to put in your Statement of Interest. I would hope that NARALO is a little giving on missed dates - especially since its up to the executive (Evan and I) to call elections. > >Evan, I am unsure when we need to call an election for Beau's position. I checked the Rules of Procedures and the MOA and I am still befuzzled. I can't see the doc that states when we must post this election. If staff can help with this, I would be appreciative. Likely, we need to get the election process going but I sure wouldn't want our tardiness (if that is what happened) to disqualify Beau. > >IMHO, we absolutely need Beau. He has come up with statements that I wouldn't have thought of in a hundred years. He is an amazing asset to our group and I can't state that strongly enough. > >D > >Darlene A. Thompson >CAP Administrator >Nunavut Department of Education/N-CAP >P.O. Box 1000, Sation 910 >Iqaluit, NU X0A 0H0 >Phone: (867) 975-5631 >Fax: (867) 975-5610 >E-mail: dthompson(a)gov.nu.ca > >________________________________ > >From: na-discuss-bounces(a)atlarge-lists.icann.org on behalf of Beau Brendler >Sent: Thu 5/6/2010 7:57 PM >To: na-discuss(a)atlarge-lists.icann.org >Subject: [NA-Discuss] ALAC term > > > >Greetings, all. > >I was looking at this page recently: >https://st.icann.org/m/page/naralo/2010_election_calls_naralo > >and wondering: Do I need to submit a statement of interest before my term runs out? >Am I too late to do that? And I guess the question is, should I do that? Is there particular feedback anyone would like to share, publicly or privately, on whether you believe I have served NARALO interests? This is something of a stock-taking time for me, careerwise, though I did not expect to be as solidly back in the consumer advocacy journalism business as I am. > >Let me know what you think (and if there's any point, i.e., not sure if it's past the deadline or not, but I think I am confusing with the NARALO Nom-com position. > >By the way, you might be interested in this piece -- yes, I am a privacy advocate... > >http://www.walletpop.com/blog/2010/05/06/experian-uses-strange-data-theft-t… > >Thanks, > >Beau > > > >------ >NA-Discuss mailing list >NA-Discuss(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… > >Visit the NARALO online at http://www.naralo.org <http://www.naralo.org/> >------ > >

1 0

ALAC term
by Beau Brendler May 10, 2010

May 10, 2010

Greetings, all. I was looking at this page recently: https://st.icann.org/m/page/naralo/2010_election_calls_naralo and wondering: Do I need to submit a statement of interest before my term runs out? Am I too late to do that? And I guess the question is, should I do that? Is there particular feedback anyone would like to share, publicly or privately, on whether you believe I have served NARALO interests? This is something of a stock-taking time for me, careerwise, though I did not expect to be as solidly back in the consumer advocacy journalism business as I am. Let me know what you think (and if there's any point, i.e., not sure if it's past the deadline or not, but I think I am confusing with the NARALO Nom-com position. By the way, you might be interested in this piece -- yes, I am a privacy advocate... http://www.walletpop.com/blog/2010/05/06/experian-uses-strange-data-theft-t… Thanks, Beau

2 1

REMINDER: NARALO Call Monday, 10 May 1900 UTC
by ICANN At-Large Staff May 7, 2010

May 7, 2010

Dear All, The next NARALO teleconference is scheduled for Monday, 10 May 2010 at 1900 UTC. The draft agenda and call details can be found at: https://st.icann.org/naralo/index.cgi?10_may_2010 If you are unable to attend the call please send an email indicating your absence and we will note this information on the agenda. If you require a dial-out please contact At-Large staff at: staff(a)atlarge.icann.org. -- Regards, Heidi Ullrich, Matthias Langenegger, Seth Greene, Gisella Gruber-White, Marilyn Vernon, Kristina Nordström ICANN At-Large Staff email: staff(a)atlarge.icann.org website: www.atlarge.icann.org

1 0

Re: [NA-Discuss] When Registrars Look the Other Way, Drug-Dealers Get Paid
by Beau Brendler May 4, 2010

May 4, 2010

Garth...I'd like to do a story on this...will be in touch Beau -----Original Message----- >From: Garth Bruen at KnujOn <gbruen(a)knujon.com> >Sent: May 4, 2010 1:41 PM >To: na-discuss(a)atlarge-lists.icann.org >Subject: [NA-Discuss] When Registrars Look the Other Way, Drug-Dealers Get Paid > >Since November of last year we have been discussing the problem of >illicit and illegal online pharmacy support by ICANN-accredited >Registrars. In several articles and direct contact with the Registrars >we have tirelessly tried to convey the seriousness of this problem, many >listened, some did not. The issues were explained in detail here in: >What's Driving Spam and Domain Fraud? Illicit Drug Traffic >(http://www.circleid.com/posts/20091119_whats_driving_spam_and_domain_fraud_…) >Online Drug Traffic and Registrar Policy >(http://www.circleid.com/posts/20091211_online_drug_traffic_and_registrar_po…) >and Internet Drug Traffic, Service Providers and Intellectual Property >(http://www.circleid.com/posts/20100104_internet_drug_traffic_service_provid…) >Registrar issues were also voiced by other authors here like Statton >Hammock: Domain Registrars & Registries: Don't Say You Weren't Warned >(http://www.circleid.com/posts/20100317_domain_registrars_registries_dont_sa…) > >With the background information already known, the case presented here >is much more specific and concerns EvaPharmacy, which was until >recently, the worlds largest online criminal pharmacy network. The >shadowy network claims to be located in the U.S. but is actually run >from Russia and uses multiple layers of fraud to mask its illegitimacy. >The fraud in question has been clearly documented, not just by >LegitScript and KnujOn but by the Pharmacy Boards of Manitoba >(http://legitscript.com/download/Manitoba-Board-of-Pharmacy-Letter.pdf) >Minnesota >(http://legitscript.com/download/Minnesota-Board-of-Pharmacy-Letter.pdf) >Ontario >(http://legitscript.com/download/Ontario-College-of-Pharmacy-Letter.pdf) >Quebec >(http://legitscript.com/download/Quebec-Board-of-Pharmacy-Letter.pdf) >and Texas >(http://legitscript.com/download/Texas-Board-of-Pharmacy-Letter.pdf) >All issued letters to the non-complaint Registrars explaining that the >pharmacy licenses being used were forgeries. > >Additionally, eNom(DemandMedia) received a letter from the National >Association of Boards of Pharmacy >(http://legitscript.com/download/NABP-Letter-to-eNom.pdf) indicating >that domains sponsored by them posted fake pharmacy licenses. >Investigators were able to order drugs without a prescription from an >illicit eNom-sponsored site without a prescription. The drugs were >shipped into the United States from India, which is illegal also. At the >time of this writing, the domain is still actively selling >drugs(canadianhealthcaremall[DOT]net). The domains in question also have >their WHOIS records concealed by a privacy service, a practice called >Material Falsification by a 9th Circuit Judge >(http://www.circleid.com/posts/whois_privacy_considered_material_falsificati…) > Beyond the obvious legal and moral issues, this could be a material >breach of eNoms contract with ICANN, as the Registrar Accreditation >Agreement requires Registrars to follow all laws and government >regulations. Unfortunately, ICANN has been strangely silent on this >issue. ICANN was issued all preliminary documents concerning EvaPharmacy >and the Registrars months ago but has not responded in meaningful way as >of yet. > >The good news is that most Registrars worked with us to shut the >networks down. 11 Registrars including Godaddy, Directi, and Network >Solutions all did their part to bring EvaPharmacy down. Five others >including eNom still sponsor these sites. This is the key, cybercrime >only profits with the tacit support of the Internet Industry. Remember >this when you get your next piece of spam or malware. > > >None of this is speculation of hypothesis, it is all documented fact. >The entire report can be downloaded and read here: >http://legitscript.com/download/Rogues-and-Registrars-Report.pdf > >CircleID: >http://www.circleid.com/posts/20100504_when_registrars_look_the_other_way_d… > >Full Press Release: >http://www.prnewswire.com/news-releases/fake-pharmacy-licenses-no-prescript… >

1 0

When Registrars Look the Other Way, Drug-Dealers Get Paid
by Garth Bruen at KnujOn May 4, 2010

May 4, 2010

Since November of last year we have been discussing the problem of illicit and illegal online pharmacy support by ICANN-accredited Registrars. In several articles and direct contact with the Registrars we have tirelessly tried to convey the seriousness of this problem, many listened, some did not. The issues were explained in detail here in: What's Driving Spam and Domain Fraud? Illicit Drug Traffic (http://www.circleid.com/posts/20091119_whats_driving_spam_and_domain_fraud_…) Online Drug Traffic and Registrar Policy (http://www.circleid.com/posts/20091211_online_drug_traffic_and_registrar_po…) and Internet Drug Traffic, Service Providers and Intellectual Property (http://www.circleid.com/posts/20100104_internet_drug_traffic_service_provid…) Registrar issues were also voiced by other authors here like Statton Hammock: Domain Registrars & Registries: Don't Say You Weren't Warned (http://www.circleid.com/posts/20100317_domain_registrars_registries_dont_sa…) With the background information already known, the case presented here is much more specific and concerns EvaPharmacy, which was until recently, the world�s largest online criminal pharmacy network. The shadowy network claims to be located in the U.S. but is actually run from Russia and uses multiple layers of fraud to mask its illegitimacy. The fraud in question has been clearly documented, not just by LegitScript and KnujOn but by the Pharmacy Boards of Manitoba (http://legitscript.com/download/Manitoba-Board-of-Pharmacy-Letter.pdf) Minnesota (http://legitscript.com/download/Minnesota-Board-of-Pharmacy-Letter.pdf) Ontario (http://legitscript.com/download/Ontario-College-of-Pharmacy-Letter.pdf) Quebec (http://legitscript.com/download/Quebec-Board-of-Pharmacy-Letter.pdf) and Texas (http://legitscript.com/download/Texas-Board-of-Pharmacy-Letter.pdf) All issued letters to the non-complaint Registrars explaining that the pharmacy licenses being used were forgeries. Additionally, eNom(DemandMedia) received a letter from the National Association of Boards of Pharmacy (http://legitscript.com/download/NABP-Letter-to-eNom.pdf) indicating that domains sponsored by them posted fake pharmacy licenses. Investigators were able to order drugs without a prescription from an illicit eNom-sponsored site without a prescription. The drugs were shipped into the United States from India, which is illegal also. At the time of this writing, the domain is still actively selling drugs(canadianhealthcaremall[DOT]net). The domains in question also have their WHOIS records concealed by a privacy service, a practice called �Material Falsification� by a 9th Circuit Judge (http://www.circleid.com/posts/whois_privacy_considered_material_falsificati…) Beyond the obvious legal and moral issues, this could be a material breach of eNom�s contract with ICANN, as the Registrar Accreditation Agreement requires Registrars to follow all laws and government regulations. Unfortunately, ICANN has been strangely silent on this issue. ICANN was issued all preliminary documents concerning EvaPharmacy and the Registrars months ago but has not responded in meaningful way as of yet. The good news is that most Registrars worked with us to shut the networks down. 11 Registrars including Godaddy, Directi, and Network Solutions all did their part to bring EvaPharmacy down. Five others including eNom still sponsor these sites. This is the key, cybercrime only profits with the tacit support of the Internet Industry. Remember this when you get your next piece of spam or malware. None of this is speculation of hypothesis, it is all documented fact. The entire report can be downloaded and read here: http://legitscript.com/download/Rogues-and-Registrars-Report.pdf CircleID: http://www.circleid.com/posts/20100504_when_registrars_look_the_other_way_d… Full Press Release: http://www.prnewswire.com/news-releases/fake-pharmacy-licenses-no-prescript…

1 0

post-delegation dispute resolution process.
by Joly MacFie April 14, 2010

April 14, 2010

As we know, in the new gTLD process, ICANN's proposed Global Protected Marks List was a non-starter while the Uniform Rapid Suspension (URS) process has been eventually accepted. The URS allows for fast-track suspension (not transfer as per UDRP) of egregious infringers. What hasn't been resolved is the Post-Delegation Dispute Resolution (PDDRP) process which is where an actual registry could be taken down by IP complaints. There is mounting concern amongst both registries and regoistrants that this could be abused. The full text of the policy: http://www.icann.org/en/topics/new-gtlds/draft-trademark-pddrp-redline-15fe… Public comments <http://forum.icann.org/lists/ppdrp-15feb10/> Below I have highlighted some comments at an ICANN consulatation this week as reported by Dr. Konstantinos Komaitis of the NCUC The PDDRP is not part of the contractual agreement that Registries hold with ICANN but under the PDDRP ICANN will be responsible for determining the remedies should a PDDRP panel find that the Registry has been involved in systematic registrations that infringe trademark rights. There is fear that, just like the UDRP, the PDDRP will be abused by trademark owners with Registries having no other option but to suspend and cancel domain names in an effort to avoid being engaged in the PDDRP. The Registries’ position is that monetary damages are not appropriate for this system and that a de novo review should be in place that will allow the losing party to challenge the PDDRP decision. Registries asked for the incorporation of safe harbours within the PDDRP (like in the UDRP) and for some kind of monitoring of the complaints (the complaint should have a close nexus with the alleged infringed rights – e.g. Nike cannot ask the cancellation of domain names relating to Adidas). Finally, Registries also asked for a 3-member panel rule, instead of a single panel. The National Arbitration Forum, which was participating in this dispute, agreed with most of the Registries’ comments and said that under its current design the PDDRP is open to abuse. NCUC considers this policy does is asking Registries to become content-controllers, and tilts the new gTLD programme toward protecting trademark interests, forgetting that it is mainly individual users and registrants that are mainly supporting the DNS. NCUC is also already concerned over the way WIPO handles UDRP disputes, insists on the the three member panel in consideration of the potential cancellation of a whole Registry, something that will have a roll-on effect upon individual and non-commercial domain name registrants. DR. KK suggests that registries are treading gingerly to avoid offending IP Stakeholders but, as contracted parties, are insisting ICANN become involved in the process. ICANN itself doesn't want to get involved in IP disputes. It's not out of the question that there should be some process to rein in 'rogue' registries, but it seems near impossible to create one based on IP without a 'chilling' effect. Question: Are the UDRP and the proposed URS sufficient? - do we need the PDDRP? -- --------------------------------------------------------------- Joly MacFie 917 442 8665 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com ---------------------------------------------------------------

1 0