[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 09:07:29 UTC 2021

Thanks Maureen!

For a bit of background about this: 
https://www.moneylife.in//article/net4india-remains-incommunicado-leaving-lakhs-of-domains-and-clients-in-the-lurch/62341.html

Kindest regards,

Olivier

On 30/01/2021 04:34, Maureen Hilyard wrote:
>
> 	
>
> ICANN Announcement Alerts
>
>
> *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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-- 
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html

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