Carlton, Was it Stacy or Pam? The irony is lost on them. The point is that is makes no difference between RAA 2001 and RAA 2009, "NONE" of the Registrars are in violation because the rules are not enforced. The RAA in any version effectively does not exist. OnLineNIC was allowed to re-up without complying so there is no clearly distinction between the two, RAA amendments are just for show, disclosure to the Internet consumer is a laughing matter. Will it be the same for the law enforcement amendments? The joke will be them as we watch and see the rest signed on to the 2009 RAA without complying. -Garth
-------- Original Message -------- Subject: Re: [NA-Discuss] Two Years later, Dozens of Registrars Still in the Shadows From: Carlton Samuels <carlton.samuels@gmail.com> Date: Tue, December 07, 2010 11:42 am To: Garth Bruen at KnujOn <gbruen@knujon.com> Cc: Beau Brendler <beaubrendler@earthlink.net>, na-discuss@atlarge-lists.icann.org
Garth: FYI, I hope you were listening the the ICANN Compliance lady. Essentially, the argument is you're only nearly half-right in certain respects since only 12 of the outfits you fingered are in breach by virtue of signing the 2009 RAA!!!
[Well, blow me down with a feather!! I'm just gobsmacked that anyone yet sentient in 2001 would've concluded a contract with entities whose business models are Cyb-enabled and powered entirely on line and forgot to ask them for an address record/label that embraced the pre-eminent communications modality in the Cyb world!!]
Of course that is not the way she said it; classic propaganda back-in - she trumpeted the number NOT in breach that was listed according to the 2009 RAA compliance criteria. That way she subtly invited those in the room and following to raise the trust relationship.
In closing, she belly-ached - prettily again! - about the 'sarcasm' flowing her way. Slick, this one....and bears watching.
Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 Strategy, Planning, Governance, Assessment & Turnaround =============================
On Tue, Dec 7, 2010 at 10:27 AM, Garth Bruen at KnujOn <gbruen@knujon.com>wrote:
Beau,
If true that would be in line with other statements made Mr. Pritz. This is why David Giza was fired, right? He was actually going to follow-up on complaints and bring the compliance process cycle out for public view. Now, a clear message has been sent to ICANN staff: don't enforce the rules and don't talk about our procedures. At the Mexico meeting the compliance auditor pulled me aside and said he was concerned about several Registrars and might want my help. He's gone too.
When I asked Mr. Pritz on an Internet Governance Forum conference call what happened to ICANN compliance he waved off my questions and said there was a vigorous search going on to fill the three vacant compliance positions. But where are they? It's been six months since Giza was removed.
Yes, there are more breach notices: for failure to pay fees.
Compliance is not working and I suspect this is intentional.
-Garth
-------- Original Message -------- Subject: Re: [NA-Discuss] Two Years later, Dozens of Registrars Still in the Shadows From: Beau Brendler <beaubrendler@earthlink.net> Date: Mon, December 06, 2010 9:35 am To: gbruen@knujon.com, "Michele Neylon :: Blacknight" <michele@blacknight.ie>, Carlton Samuels <carlton.samuels@gmail.com> Cc: na-discuss@atlarge-lists.icann.org
I found Kurt Pritz's reply to my question on compliance at yesterday's presentation in Cartagena rather revealing (and that's assuming I heard it correctly, we will need to listen to the tape). But I am fairly sure I heard him say, in response to my statement that a number of registrars remain out of compliance with the RAA and that some of us in the community don't really think ICANN believes it can enforce contracts, that "enforcement was an interesting question with several answers." (That's not an exact quote, but it was something similarly mysterious and vague). That sounds to me, to quote Carlton, that all animals are created equal but some more than others. Is OnlineNIC one of them? I have plenty of evidence, independent from Knujon, that OnlineNIC is out of compliance with the RAA, and that they were allowed to re-up, and continue their merry way.
I was also concerned that Kurt seemed to characterize compliance progress as a factor of the number of breach notices steadily increasing. The meaningful statistic would be: How many of those breach notices are resolved? And if the system was really working, breach notices should be going down, not up. It's great that ICANN's strategic plan mentions security and contract compliance as goals, but those are going to be tough to achieve with no functioning compliance department.
Repeatedly we have heard the registrar community voice its resistance to oversight and "regulation." But the registrar community should not be trying to shoot the messenger here; it should be considering how to self-police its ranks. If ICANN is not going to do its job, let's dismantle ICANN and take user and consumer concerns to the press, to international law enforcement bodies, and see if we can make better progress.
-----Original Message-----
From: gbruen@knujon.com Sent: Dec 6, 2010 8:30 AM To: "Michele Neylon :: Blacknight" <michele@blacknight.ie>, Carlton Samuels <carlton.samuels@gmail.com> Cc: na-discuss@atlarge-lists.icann.org Subject: Re: [NA-Discuss] Two Years later, Dozens of Registrars Still in the Shadows
I checked into the claims by Michele (or maybe I should address you as "Blacknight"?) and my suspicions were confirmed. He has completely distorted the issues and ignored the critical problem. Active Registrar, Compana, Directi, DOTALLIANCE, EVERYONES INTERNET, NICCO, RESELLER SERVICES, UK2 GROUP, VOLUSION, YNOT DOMAINS, and OWN IDENTITY have not corrected the problem as cited since June and ICANN compliance has not addressed the issue. You've glossed over this.
You've also glossed over the fact that OnLineNIC was allowed to sign on to the 2009 RAA without first complying and has not been held to comply since, even through we were informed they would be held to the RAA after signing.
In our original report we expressed our concern the the other Registrars would also be allowed to re-sign without meeting this requirement, and why should they have to when it's not enforced? Why would they opt for public disclosure when their competitors are not held by any standard? Does this not concern you?
The RAA has become meaningless and the Internet user DESERVERS BETTER.
If you purport to be a leader in this community you'll expect better too.
-------------------------------------------------- From: "Michele Neylon :: Blacknight" <michele@blacknight.ie> Sent: Sunday, December 05, 2010 8:31 PM To: "Carlton Samuels" <carlton.samuels@gmail.com> Cc: <na-discuss@atlarge-lists.icann.org> Subject: Re: [NA-Discuss] Two Years later, Dozens of Registrars Still in the Shadows
I checked into the claims by Knujon and my suspicions were confirmed. Of the registrars supposedly in breach 50% are NOT on the 2009 RAA. They are, therefore, NOT in breach, so I wonder how long we will have to wait for a corrected / updated version of this report
Regards
Michele
Mr. Michele Neylon Blacknight http://Blacknight.tel
Via iPhone so excuse typos and brevity
On 4 Dec 2010, at 23:14, "Carlton Samuels" <carlton.samuels@gmail.com
wrote:
Garth: I commend you and KnuJon for keeping at this issue. It is one thing to be the slacker in a contract. But the fact that ICANN fails to embrace its duty of care to the community in ensuring that contracted parties live up to the terms and condition of contract remains scandalous.
The low hanging fruit of an explanation would be ignorance of its commitment. But reason and good judgment suggests that this would be a stretch for explanation. Time enough for ICANN to rise to the occasion and do its duty.
Carlton [Chair, At-Large WHOIS WG]
============================== Carlton A Samuels Mobile: 876-818-1799 Strategy, Planning, Governance, Assessment & Turnaround =============================
> > 1. Two Years Later Dozens of Registrars Still in the Shadows > (Garth Bruen at KnujOn) > > >
> > Message: 1 > Date: Fri, 03 Dec 2010 11:49:35 -0700 > From: "Garth Bruen at KnujOn" <gbruen@knujon.com> > Subject: [NA-Discuss] Two Years Later Dozens of Registrars Still in > the Shadows > To: na-discuss@atlarge-lists.icann.org > > Folks, > > In June of 2008 KnujOn reported that 70 Registrars did not have a > business address listed in the InterNIC Registrar Directory. Only after > reporting a month later that little had changed did ICANN perform a mass > update of the directory. On further inspection we found many of the > newly disclosed addresses were phantom locations, false addresses, and > PO boxes. This lead to a push to amend the RAA and require Registrar > location disclosure and resulted in RAA 3.16: "Registrar shall provide > on its web site its accurate contact details including a valid email and > mailing address." However, policy without policy enforcement is useless. > So far ICANN compliance has failed to enforce this rule even after being > provided with extensive evidence in June, 2010. In fact, several > Registrars cited five months ago for not posting their address have been > allowed to renew their accreditation without complying. > > The following Registrars still do not disclose their address on their > website as required in RAA 3.16 and are in continued violation: Active > Registrar, Inc. (activeregistrar.com), COMPANA LLC (budgetnames.com ), > Directi Internet Solutions Pvt. (publicdomainregistry.com), DOTALLIANCE > INC (dotalliance.com), EVERYONES INTERNET LTD. (resellone.net), NICCO > LTD. (nicco.com), RESELLER SERVICES INC. (ResellServ.com), UK2 GROUP > LTD. (uk2group.com), VOLUSION, INC. (volusion.com), YNOT DOMAINS CORP > (myorderbox.com), PREMIUM REGISTRATIONS SWEDEN > (premiumregistrations.com), AB CONNECT (hosteur.com), FUNPEAS MEDIA > VENTURES, LLC DBA DOMAINPROCESSOR.COM, DomainContext, Inc. > (isregistrar.com), NEW GREAT DOMAINS (newgreatdomains.com), ONLINENIC > INC. (onlinenic.com), OPEN SYSTEM LTD. (turbosite.com.br), OWN IDENTITY > INC (ownidentity.com), PACNAMES LTD (pacnames.com), QUANTUMPAGES > TECHNOLOGIES (ownregistrar.com), ULTRARPM INC. (metapredict.com), WEBAIR > INTERNET DEVELOPMENT (webair.com), ZOG MEDIA, INC. (zognames.com), > NAMEHOUSE, INC. (namehouse.net). The good news is that most of the 400 > plus unique Registrars clearly provide their address in the home page > footer, a CONTACT US, or ABOUT US link and several Registrars cited in > June have since done so. Some Registrars bury the address in legal > documents, while we do not consider this compliant ICANN provides no > clear direction on where the address should be posted. > > OnLineNIC is particularly troubling since their purported public > location is an empty lot in California with their true location being in > China, but only privately disclosed to ICANN. OnLineNIC's own domain > registration has been cited multiple times by KnujOn as being false. > > Additionally, KnujOn has discovered that nine Registrars have > non-functional contact email addresses posted in the InterNIC directory: > RU-CENTER, Best Bulk Register (also has a breach notice for failure to > pay fees), Dynamic Network Services, Europe Domains, Homestead Limited, > HTTP.NET, Namescout, Hostmaster.ca, Nameshare Inc, and Universo Online. > Details of the email failures along with other results will be published > in our supplemental report on Monday December 6th. > > RAA 3.16 is not the only unenforced contract obligation. In fact, most > of the RAA is unenforced with the exception being the Cardinal Sin of > failing to pay ICANN fees. KnujOn will actually detail an unprecedented > case in which a Registrar termination was reversed after back fees were > paid. > > While Registrars control the content of their websites, ICANN really is > to blame for the failure to enforce the RAA and the anti-transparent > practice of having one Registrar directory for public consumption with > bad information and another internal list for their use. > > > Full article: > > http://www.circleid.com/posts/20101203_two_years_later_dozens_of_registrars_... > > -Garth > > ------------------------------------- > Garth Bruen > gbruen@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 > Shop: http://www.cafepress.com/knujon > Bookstore: http://astore.amazon.com/knujocom-20 > > > > ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss
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