[lac-discuss-en] Fwd: Contractual Compliance Newsletter -- October 2012

[Carlton Samuels]

FYI

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Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
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  [image: ICANN] <http://www.icann.org/> October 2012 Contractual
Compliance Newsletter Internet Corporation for Assigned Names and Numbers
http://www.icann.org/en/resources/compliance/ October 2012
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 Table of Contents 1 <#13af64310a6e9ff1_foot1>

   - Audit Program Update <#13af64310a6e9ff1_1>
   - Registrar Update <#13af64310a6e9ff1_2>

 Audit Program Update

As previously communicated, the ICANN audit program will run on a
three-year cycle during which each registry and registrar agreement will be
randomly selected for audit over a three-year period.

In an effort to increase transparency and readiness, please refer to the
ICANN website, found by clicking:
http://www.icann.org/en/resources/compliance/audits/future to access the
documents listed below:

   - Registrar and Registry Audit Plans
   - Frequently Asked Questions (FAQ) document

 Please send your questions to
ComplianceAudit at icann.org<complianceaudit at icann.org>
.
 Registrar Update

*Responding to Whois Inaccuracy Complaints*

As mentioned in September's update, application enhancements were completed
to the Whois Data Problem Reporting System to align with the current
contractual compliance process and improve processing quality and effort.

ICANN reviews and validates the "reasonable steps" taken by a registrar to
address Whois inaccuracy complaints through its 1-2-3 notification process.
The registrar must provide copies of the correspondence with the registered
name holder while investigating the Whois inaccuracy claim or describe
actions taken to be in compliance.

"Reasonable steps" will vary. At a minimum, registrar should:

   - Promptly transmit to the registrant "inaccuracy inquiries" by
   telephone, email, and postal mail
   - Update or correct Whois based on registrant feedback
   - Cancel the domain registration if the registered name holder:
      - Provided inaccurate or unreliable information
      - Failed to promptly update information
      - Failed to respond for over fifteen calendar days to inquiries

 *Domain Reseller Issues*

The landscape of domain registration market has evolved over the last
decade. With over 1,000 ICANN-accredited registrars located throughout the
world, some provide domain registration services directly to the public and
some through its reseller(s) or other intermediaries (resellers).

For ICANN-accredited registrars, domain names registered through a reseller
could pose additional or unexpected compliance challenges.

Registrars are reminded that that the registrar of record shown in the gTLD
registration data (i.e., Whois) is responsible for its reseller's action or
inaction with regard to compliance issues arising from the Registration
Accreditation Agreement (RAA).

Below is a list of some of the more common compliance issues:

   1.  Reseller agreements between an ICANN-accredited registrar and its
   resellers do NOT include all of the provisions required by Section 3.12 of
   the RAA.
   2.  Registration agreements do NOT include all of the provisions
   required by Section 3.7.7 of the RAA.
   3.  Domain names registered to resellers as the registered name holder
   could lead to domain ownership/control, transfer and renewal or Whois
   inaccuracy issues.
   4.  Resellers not maintaining required registration data and records.

 To be compliant:

   1.  The agreements between the ICANN-accredited registrar and its
   reseller(s) must include the same or equivalent language as in Section 3.12
   of the RAA.
   2.  All registration agreements between ICANN-accredited registrars and
   registered name holders and between resellers and registered name holders
   (resellers' customers) must include the same or equivalent language in
   Sections 3.7.7.1 – 3.7.7.12 of the RAA.
   3.  Registrars should ensure their resellers obtain informed consent
   from their customers and are in compliance with any applicable laws
   (especially contract, data privacy laws and consumer protection laws) and
   regulations.
   4.  Registrar must ensure that their resellers (as their agents) retain
   all the necessary data and records as required under Section 3.4.2 of the
   RAA. Registrars are reminded that ICANN may request copies of all written
   communications pursuant to section 3.4.3 of the RAA.

 *Complaints Handling and Enforcement Summary*

This update is provided for information purposes only. Please exercise
judgment in using the information contained within this update to make
conclusions or business decisions based upon this update.
 [image: Complaints per Notification Cycle October 2012]

 [image: Enforcement Activity for October 2012]

Please refer to Contractual Compliance
Notices<http://www.icann.org/en/resources/compliance/notices>for
up-to-date information.
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1 <#13af64310a6e9ff1_note1>This update is provided for information purposes
only. Please exercise judgment in using the information contained within
this update to make conclusions or business decisions based upon this
update.