[WHOIS-WG] [ALAC] Thick Whois

[Alan Greenberg]

Holly, I have no specific knowledge of this issue (and have not 
participated in any of the associated sessions at the last ICANN 
meeting), but from the wording of the letter and having looked at the 
contracts, I think the issue is that for the .net agreement (signed 
11 July 2011), there is simply no provision for contractual 
compliance audits. The .com agreemnet signed last December has a 
specific and clear provision allowing such audits 
(http://www.icann.org/en/about/agreements/registries/com/agreement-01dec12-en.htm 
- Section 3.4 Contractual and Operational Compliance Audits).

So I suspect it is an issue of a company refusing to be audited 
without a contractual basis for it, since presumably that would set a 
precedent and possibly open them up to liabilities that they would 
otherwise not face - something a public company is typically 
reluctant to do. But I would be happy to have someone with real legal 
knowledge or corporate experience chime in if I am wrong.

But if I am right, it is yet another example of an ICANN contract 
that was signed without having the real teeth in it that we need.

Alan

At 12/01/2013 03:01 AM, Holly Raiche wrote:
>Hi Everyone
>
>I"m not sure if you all have caught up with the latest - Verisign's 
>refusal to participate in the audi program!  I'm not sure I am happy 
>to have our concerns about the enforceability of the RAA proven 
>right.  But is there any point to an audit that does not include Verisign!?
>
>Is this something we should respond to - at least to say that the 
>RAA must be changed, and that an audit - to have any vaalidity at 
>all - must include Verigisn
>
>Holly
>
>  http://www.icann.org/en/news/correspondence/kane-to-serad-et-al-08jan13-en
>
>
>On 11/01/2013, at 3:05 AM, Alan Greenberg wrote:
>
> > Thanks Carlton. Can you or staff provide URLs??
> >
> > Alan
> >
> > At 10/01/2013 10:52 AM, Carlton Samuels wrote:
> >
> >> Add the URLs to previous ALAC WHOIS Statements and its good to go.
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