John and all, John, Thank you for sharing this information, very interesting and quite revealing indeed. I have been told second hand that a number of our members in Canada have recieved some of these questionable invoices as well. Unfortunately I don't have any copies. I did recomend that they send copies of those invoices to the CMP for their review. I seems that for some time the IROC and DROA have been engaging in very questionable activities at a minimum. It would also appear that ICANN has not addressed these activities in any meaningful manner that we are aware of. This however does not mean that ICANN is either unaware or has not been investigating IROC and DROA. It does seem very strange at a minimum that IROC and DROA are still in operation and why they are? I guess that their accredidation remains in place as well? If so, any reasonable person would have to wonder why? I personally also do not understand ICANN's legal council did not disclose these companies whom are approved by ICANN, unless they are so embarrased regarding their activities that to do wo would bring into question ICANN's staff and Bod's judgment. And further I am puzzeled why the FTC or DOC/NTIA and Canada's Competition bureau didn't recomend to ICANN to shut these companies down. -----Original Message-----

From: John Levine <johnl@iecc.com> Sent: Apr 14, 2008 8:22 PM To: Danny Younger <dannyyounger@yahoo.com> Cc: cheryl@hovtek.com.au, "na-discuss@atlarge-lists.icann.org" <na-discuss@atlarge-lists.icann.org> Subject: Re: [NA-Discuss] Documentary Information Disclosure Policy Request

...

I have composed a letter to ICANN Staff requesting the disclosure of a certain document. I would appreciate having this letter placed on the agenda for our next NARALO meeting, and any member feedback to further refine or augment this letter.

In December 2003 DROA agreed to a court order and injunction due to illegal misleading invoices and other violations of the FTC act. Press release and link to complaint and court order:

http://www.ftc.gov/opa/2003/12/domainreg.shtm

The order was signed on DROA's behalf by Daniel Klemann.

In June 2004, the Competition Bureau of Canada, which has a role analogous to the FTC, fined Klemann $40,000 and issued a five year prohibition order for fake renewal invoices. The press release says his company at the time was 1480455 Ontario Incorporated, operating as IROC (Internet Registry of Canada).

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/00262e.html

A press release from 2002 says that they also arrested and charged James Tetaka in the yellowbusiness.ca matter described in your letter. In May 2004 he was fined $60,000 and also had a prohibition order.

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/00464e.html

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/01184e.html (three items, one for IROC, two for yellowbusiness)

http://www.competitionbureau.gc.ca/epic/site/cb-bc.nsf/en/01863e.html (Tetaka fine)

Since Klemann and Tetaka both appear to be principals in DROC/DROA, I would expect that the ICANN rules to which you refer in your letter would require disclosure of all of these actions.

Incidentally, I have a stack of fake invoices from DROA and Liberty Names (same invoice format, same maildrop) that's about two inches high, with the most recent one having arrived last week.

R's, John

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