[ALAC] Lack of Enforcement of UDRP Decisions

[Wolf Ludwig]

Thanks Garth for this interesting and enlightening background information on the documented cases and the confusing or even alarming role of ICANN Compliance in this matter. From a user protection POV, this needs to be closely followed up by At-Large.

Best,
Wolf


Garth Bruen wrote Wed, 19 Mar 2014 17:38:
>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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