[ALAC] Lack of Enforcement of UDRP Decisions

[Garth Bruen]

Danke Wolf, wir sehen uns bald

-----Original Message-----
From: Wolf Ludwig [mailto:wolf.ludwig at comunica-ch.net] 
Sent: Wednesday, March 19, 2014 8:13 PM
To: Garth Bruen; ocl at gih.com; 'Alan Greenberg'; 'Evan Leibovitch'
Cc: 'ALAC Working List'
Subject: Re: [ALAC] Lack of Enforcement of UDRP Decisions

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-name
>s-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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