[ALAC] Fwd: ICANN News Alert -- ICANN Issues Third Breach Notice to Net 4 India Limited; Continues to Take Steps to Protect Registrants

Sat Jan 30 03:34:24 UTC 2021

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*ICANN Issues Third Breach Notice to Net 4 India Limited; Continues to Take
Steps to Protect Registrants
<https://newsalerts.icann.org/s0Ut0P208RNN0C020g20d0E>*

29 January 2021

LOS ANGELES – 29 January 2021 – To protect the rights and interests of
domain name registrants, today the Internet Corporation for Assigned Names
and Numbers (ICANN) issued a third breach notice
<https://newsalerts.icann.org/v0080NtV0dPECgO2R022000> against Net 4 India
Limited (Net 4 India) for its repeated and ongoing failures to comply with
the Registrar Accreditation Agreement (RAA).

This notice, as with the first two issued by ICANN against Net 4 India over
the past two months, addresses numerous RAA violations detected through the
processing of complaints submitted to ICANN Contractual Compliance. When a
registrar fails to allow registrants to renew, transfer, and manage their
domain names, ICANN will not hesitate to take whatever actions are
necessary, up to and including termination of the registrar, to protect
registrants' rights and interests.

"We are committed to using all available means to protect the rights and
interests of domain name registrants, including terminating agreements with
parties that fail to cure breaches and fail to deliver on their contractual
commitments," said Jamie Hedlund, Senior Vice President, ICANN Contractual
Compliance. "ICANN org will continue to monitor issues related to Net 4
India and will continue to respond by email and telephone to registrants
seeking guidance and information."

Net 4 India is in insolvency proceedings in India, but is still required to
continue to meet its obligations under the RAA. Over the last several
months, Net 4 India has failed to cure numerous breaches of the RAA, and
has failed to respond in a timely manner to registrant requests to
transfer, renew, and/or update domain name registrations. As a result, in
addition to the third notice issued today, ICANN issued two breach notices
in December 2020 (addressed below).

Net 4 India has asked <https://newsalerts.icann.org/G2R0Et208P0WC0dP0000gN2>
the insolvency court to prevent ICANN from terminating the RAA for Net 4
India's failure to cure the numerous breaches. While maintaining its
challenges to jurisdiction, ICANN explained to the court why Net 4 India's
request should not be granted. ICANN provided the court with extensive
information regarding Net 4 India's breaches, and the significant harm Net
4 India's actions are causing to hundreds, if not thousands, of
registrants.

On 25 January 2021, the insolvency court issued an order
<https://newsalerts.icann.org/R00P082R2d0020g0CXEtQN0> that acknowledged
ICANN's input and specifically noted that the court was concerned with
ensuring that the breaches were remedied so that the public interest and
ICANN's interests are not harmed. The court then ordered Net 4 India, among
other things, to provide services in a timely fashion to registrants
pursuant to the RAA. In addition, without determining whether the court has
jurisdiction over ICANN, the court requested (but did not order) that ICANN
not terminate the RAA for three months while the insolvency proceedings
continue, so long as Net 4 India complies with the RAA. ICANN is evaluating
this request in light of Net 4 India's conduct and the harm it continues to
inflict on registrants.

ICANN Contractual Compliance will continue to enforce the RAA with Net 4
India, including through today's issuance of a third breach notice within
less than a two-month period. The third breach notice does not encompass
all complaints that are currently in process as many continue to be within
the informal resolution phase
<https://newsalerts.icann.org/ZRN0g02Rd0000208Y20PECt> and dozens from the
first two breach notices remain uncured.
Background on Notices of Breach and Potential Next Steps

The ICANN organization (ICANN org) issued prior breach notices on 10
December 2020 <https://newsalerts.icann.org/kC0SP0N00tg02Rd2820Z00E> and 24
December 2020 <https://newsalerts.icann.org/MN0E0208Cu02d00UP0gR002>. To
date, Net 4 India has failed to cure all the breaches noted. Failing to
cure a breach notice within 21 days of its issuance is grounds for
termination of the RAA. In addition, having been in fundamental and
material breach three times within a 12-month period is a separate ground
for termination of the RAA. All notices of breach, suspension, termination,
and non-renewal are published here
<https://newsalerts.icann.org/x0C0000u2120PNR0Vd0g8E2>.

If ICANN terminates Net 4 India's RAA, ICANN will invoke the De-Accredited
Registrar Transition Procedure
<https://newsalerts.icann.org/kC0WP0N00ug02Rd2820200E>, which would allow
ICANN org to transfer domain names currently under the management of Net 4
India to an ICANN-accredited registrar in good standing. Once a gaining
registrar is identified and confirmed, it would then be listed on the Bulk
Transfers page <https://newsalerts.icann.org/JR2PC2032E0NXu80dg00000>.
Additional Information for Registrants

Registrants encountering issues regarding renewal, transfer, or management
of domain name registrations can submit complaints to ICANN Contractual
Compliance using the relevant forms at
https://www.icann.org/compliance/complaint
<https://newsalerts.icann.org/n0Cg04Y022NP0ER08200du0>. Registrants are
encouraged to provide all information and evidence relevant to their
complaints with their initial submission so ICANN is able to expeditiously
launch an investigation into the matter. Additional information related to
ICANN support for registrants and those impacted by Net 4 India is
available here <https://newsalerts.icann.org/v0080Nu50dPECgZ2R022000>.

There are certain areas where ICANN does not have the contractual authority
or the technical ability to help registrants. These include renewing domain
names, generating AuthInfo codes, or unlocking domain names.
About ICANN

ICANN's mission is to help ensure a stable, secure, and unified global
Internet. To reach another person on the Internet, you need to type an
address – a name or a number – into your computer or other device. That
address must be unique so computers know where to find each other. ICANN
helps coordinate and support these unique identifiers across the world.
ICANN was formed in 1998 as a non-profit public benefit corporation with a
community of participants from all over the world.

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