[ALAC] Lack of Enforcement of UDRP Decisions

[Garth Bruen]

Sorry to add insult to injury on this, but I imagine everyone has seen this
story posted by Dev:
http://domainnamewire.com/2014/03/19/registrar-suspends-all-domain-names-tra
nsferred-from-terminated-registrar/

The domains sponsored by AB Systems were completely malicious. If anyone had
visited their website before they were de-accredited you would have seen it
was IMPOSSIBLE buy domains from them. They only sold domains to themselves
and they were all used for selling illicit and counterfeit pharmaceuticals.
>From what I understand relevant regulatory bodies had directly informed
ICANN about the AB Systems operation. 

The first example in the report I sent last week concerns UDRP
non-enforcement going back several years at AB Systems. The domains cited in
these cases are the same as above. ICANN had all the documentation and
notice needed to look into AB Systems, yet they are allowed to persist.
Then, after being de-accredited ICANN allowed all the domains to be sloughed
off to another registrar who had to deal with the mess. Who is running this
show?


-----Original Message-----
From: Garth Bruen [mailto:gbruen at knujon.com] 
Sent: Thursday, March 13, 2014 4:36 PM
To: ocl at gih.com
Cc: 'ALAC Working List'
Subject: Lack of Enforcement of UDRP Decisions

Dear ALAC Chair Olivier MJ Crepin-Leblond and ALAC Members,

I am forwarding you the immediate results of an investigation into UDRP
Complaint handling by ICANN with a request for action. 

As everyone here knows, the UDRP is a critical component of Internet
compliance and ensuring the public trust. As sometimes happens, registrars
fail to cooperate with the process and it is up to ICANN to enforce this
component of the RAA. What you will see in the attached memo is a number of
cases where a UDRP provider reported to ICANN that a registrar failed to
comply with the process but ICANN did not issue enforcement on the matter.
In some cases, the domain was never transferred and is still held by the
registrant/registrar in violation of the UDRP. There are three cases in
particular which should be of great concern, domains potentially selling:

*Illicit Pharmaceuticals
*Counterfeit Electronics
*Knockoff Cigarettes

Please review the details in the attached document. I am requesting that
this document be forwarded to ICANN Compliance and that ALAC take this
matter up for inquiry. While it is late, I would like to see this on the
agenda while in Singapore. I will be distributing this information widely
myself, but I encourage you to share it with any interested party. 

As a representative of an Internet user community and an officer of At-Large
it is my duty to investigate and report on these matters. As the At-Large
community is our duty to advise ICANN on these specific issues.

Sincerely, Garth Bruen


-------------------------------------

Garth Bruen
gbruen at knujon.com

617-947-3805
http://www.knujon.com
Chair of ICANN At-Large North America (naralo.org)
Twitter: @Knujon
Skype: gobruen

"If history is deprived of the Truth, we are left with nothing but an idle,
unprofitable tale" -Polybius


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