Internet Corporation for Assigned Names & Numbers Contractual Compliance Update

Transcription

1 Contractual Compliance Update for July Internet Corporation for Assigned Names & Numbers Contractual Compliance Update September 20 Table of Contents 1 General Update Audit Program Update Complaints Handling and Enforcement Summary General Update Registry Roadshow ICANN s Contractual Compliance team partnered with Registry Services to deliver two roadshow workshops: 1. North American Meeting held on 9, 10 and 11 September 20 in Los Angeles, USA; 2. Asia Pacific Meeting held on 24, 25 and 26 September 20 in Tokyo, Japan; The objectives of the Contractual Compliance Update sessions are: 1. To inform registry operators about the contractual scope, compliance s approach and process; 2. To provide updates on performance reporting, guidelines on contractual obligations and lessons learned; 3. To address compliance related questions. Please visit the Contractual Compliance Outreach webpage for more information: Compliance Dashboard ICANN launched a new Contractual Compliance Monthly Dashboard. This dashboard presents data on the complaint volume, the process volume and turnaround times. Please visit the Contractual Compliance web page: 1 This update is provided for information purposes only. Please do not rely on the information contained within this update to make conclusions or business decisions.

2 Contractual Compliance Update for September 20 2 Registrar Update Domain Reseller Review In September, ICANN reviewed domain name resellers for which complaints were filed for using aggressive or questionable marketing s, and often charge extraordinary prices. Frequently the resellers target trademark holders and other domain registrants. The review includes determining which (if any) registrar the reseller provides services to, and then confirming that the reseller and registrar comply with the terms of the RAA. To submit a complaint about questionable domain solicitation s, please forward the entire (including header information) to compliance@icann.org. For additional information, visit: WHOIS Inaccuracy Process Improvement ICANN continued the Whois quality process to periodically confirm compliance for suspended domains related to Whois Inaccuracy complaints. Out of 1,296 complaints reviewed, seventy-eight (or six percent in total) resulted in WHOIS QR tickets generated by ICANN for registrars. The registrars provided data and information to demonstrate continued compliance for fifty-six of these complaints; twenty-two are still in process. Registrar Services Webinars During September, ICANN Contractual Compliance team partnered with the Registrar Services team to present webinars regarding changes in the Inter-Registrar Transfer Policy (IRTP), Additional WHOIS Information Policy (AWIP), and the Uniform Domain Name Dispute Resolution Policy (UDRP). Links to recordings of the webinars are at: (IRTP and AWIP) and (UDRP). Registry Update In the August update, ICANN announced the launch of proactive monitoring in two areas of great interest to Internet stakeholders: Public Interest Commitments and publication of Abuse Contact Data by registries. The goal is to provide factbased data at the International Meeting in Los Angeles while addressing the community s concerns and perception. Public Interest Commitments: ICANN sent inquiries to the gtlds that started or were set to start the General Availability period by 1 October 20. Inquiries, part of Preventive/Informal Process, were sent, as there are no complaints to-date, no systemic way to test compliance and most importantly to proactively review readiness to address the harm if and

3 Contractual Compliance Update for September 20 3 when it happens. Abuse Contact Data: ICANN reviewed the websites of the gtlds that started or were set to start the General Availability period by 1 October 20. ICANN is testing compliance with publication of the following three elements: address, mailing address, and the primary contact to handle inquiries about malicious conduct of their Top-Level Domains (TLD). ICANN is working with contracted parties to address the non-compliance, as applicable in both efforts. Audit Program Update New Registry Agreement Audit Update On September 22, upon completion of the audit phase, ICANN finalized and issued a total of Audit Reports. The reports are categorized into two categories No deficiencies and Deficiencies. A No Deficiencies report requires no further action, and a Deficiencies report requires further action (including an action plan with expected dates of remediation and / or evidence to cure the issue). Year-Three Audit Program is coming In September, ICANN launched the efforts to plan and prepare for the Year- Three Audit Program. Please refer to the table below for more information about the timeline.

4 Contractual Compliance Update for September 20 4 Reminder Note: The Audit Program runs on a three-year cycle during which each registry and registrar agreement is randomly selected for audit over a threeyear period. The Audit Program consists of six phases; the Planning Phase, the Organizing Phase, the Pre-Audit Notification Phase, the Audit Phase, the Reporting Phase and the Remediation Phase. Please refer to to learn more about this program. Please send your questions to ComplianceAudit@icann.org

5 Contractual Compliance Update for September 20 5 Complaints Handling and Enforcement Summary Figure 2. The 55.3% PICs above are from the proactive ICANN efforts

6 Contractual Compliance Update for September 20 6 Volume Received Current Month = tickets submitted in current month Volume 1st Notice Sent = number tickets where 1st Notice was sent in current month Volume 2nd Notice Sent = number tickets where 2nd Notice was sent in current month Volume 3rd Notice Sent = number tickets where 3rd Notice was sent in current month Volume Enforcement = number enforcements notices sent in current month Volume Closed = number tickets closed in current month

7 Contractual Compliance Update for September 20 7 SENT DATE DUE DATE REGISTRAR 3-Sep- 23-Sep- Black Ice Domains 1017 Breach 9-Sep- 9-Sep- 11-Sep- 16-Sep- 17-Sep- 18-Sep- 24-Sep- 30-Sep- 30-Sep- 2-Oct- Tong Ji Ming Lian (Beijing) Technology Corporation PT Ardh Global Indonesia Domain Services Rotterdam BV ENFORCEMENT ACTIVITY for SEPTEMBER IANA NOTICE ID TYPE STATUS FAILURE NOTICE BASIS 1523 Breach 1503 Breach 7-Oct- GKG.NET, INC. 93 Breach 8-Oct- 9-Oct- 15-Oct- Registration Technologies, Inc Times Internet Limited Dotname Korea Corp. Data and Documents Under Review by ICANN Data and Documents Under Review by ICANN Display methods used to deliver pre- and post-expiration Provide Whois Services (RAA 3.3.1) Provide Whois Services (RAA 3.3.1) Communicate contact data changes (RAA 5.11) Link to ICANN's registrant rights & responsibilities website (RAA 3.15) 50 Breach 321 Breach 57 Breach 1132 Breach Extended Until 23 October 20 Display methods used to deliver pre- and post-expiration Allow RNH to transfer domain name (IRTP 1) or provide valid reason for denial (IRTP 3) Provide AuthInfo code (IRTP 5) Link to ICANN's registrant rights & responsibilities website (RAA 3.15) Provide a policy consistent with the requirements of 2.1 of the ERRP Provide Whois Services (RAA 3.3.1) Display link to ICANN s Registrant Educational Information (RAA 3.16) Publish on website information required by the Registrar Information Specification (RAA 3.17) Display methods used to deliver pre- and post-expiration

8 Contractual Compliance Update for September Sep- Dotname Korea Corp Suspension Effective from 7- Oct- to 5-Jan- 15 (Whois Accuracy Program Specification 2 and 4) Suspend or terminate a domain name after RNH failed to respond for over 15 days (Whois Accuracy Program Specification 5) Provide domain name data in the specified response format (RAA-RDDS 1.4) Cure breaches of the RAA within 21 days (RAA 5.5.4) SENT DATE DUE DATE REGISTRAR 15-Jul- 17-Jul- 5-Aug- 7-Aug- Gransy, s.r.o. d/b/a subreg.cz Dotname Korea Corp ENFORCEMENT ACTIVITIES from PRIOR MONTHS IANA NOTICE ID TYPE STATUS FAILURE NOTICE BASIS 1505 Breach 1132 Breach Data and Documents Under Review by ICANN; Cure Period Extended to 5 September 20. Breaches cured Escalated to suspension Delete domain name within 45 days after termination of registration or explain circumstances of renewal ( RAA) Enter into a registration agreement with RNH (RAA 3.7.7) Provide domain name data in the specified response format (RAA-RDDS 1.4) Display link to ICANN s Registrant Educational Information (RAA 3.16) Display correct ICANN Logo on website (RAA Logo License Appendix)

9 Contractual Compliance Update for September Jul- 8-Aug- Brandon Gray Internet Services, Inc. 636 Breach 24-Jul- -Aug- OnlineNIC, Inc. 82 Breach 7-Aug- 13-Aug- 28-Aug- Dotname Korea Corp Breach 3-Sep- OnlineNIC, Inc 82 Breach Extended to 12 September 20; Extended to 22 September 20; Documents and Data Under Review by ICANN Extended to 3 September 20; Breaches cured Escalated to suspension Extended to 10 September 20; Data and Documents Under Review by ICANN Ensure that resellers do not subject RNHs to deceptive practices (RAA and RBRS 3) (Whois Accuracy Program Specification 1, 2 and 4) Provide domain name data in the specified response format (RAA-RDDS 1.4) Require P/P providers to follow requirements of P/P Specification and abide by published terms and procedures (P/P Specification 2) (Whois Accuracy Program Specification 2 and 4) Allow RNH to transfer domain name (IRTP 1) Provide AuthInfo code (IRTP 5) Enforce compliance with registrar-reseller agreement re: provision of Registrar Services (RAA 3.12) Ensure reseller's registration agreement includes mandatory provisions and identifies registrar (RAA ) Enforce reseller-registrar agreement to cure and prevent instances of non-compliance ( RAA)

10 Contractual Compliance Update for September Aug- 9-Sep- Locaweb Servicos de Internet S/A dba LocaWeb 1080 Breach Voluntarily terminated Provide Whois Services (RAA 3.3.1) 22-Aug- 25-Aug- 27-Aug- 12-Sep- 15-Sep- 35 Technology Co., Ltd. Xin Net Technology Corporation 1316 Breach 17-Sep- Online SAS 74 Breach Extended to 24 September 20; Data and Documents Under Review by ICANN 120 Breach Breaches cured Extended Until 19 September 20; Cure Period Extended Until 24 September 20; Breaches Cured (Whois Accuracy Program Specification 2 and 4) Allow RNH to transfer domain name (IRTP 1) Provide AuthInfo code (IRTP 5) Display link to ICANN s Registrant Educational Information (RAA 3.16) (Whois Accuracy Program Specification 1, 2 and 4) (Whois Accuracy Program Specification 1, 2 and 4) Display correct ICANN Logo on website (RAA Logo License Appendix) Please refer to for upto-date information.