Tuesday, March 15, 2005

Re: EnCirca’s "ProForwarding Service"

.
Dear Tom,

ICANN is concerned about EnCirca’s "ProForwarding Service" since it seems to violate the spirit of having "restricted" Top-Level-Domains such as .PRO. .PRO domains are intended to be restricted to "persons and entities that are credentialed by appropriate entities (such as through governmental bodies and professional organizations) to provide professional services" (.PRO Registry Agreement, Appendix L, ).

EnCirca’s ProForwarding Service seems designed to circumvent these restrictions by allowing anybody to obtain "the full benefits of domain registration" in .PRO without having any professional credentials.

In order to conduct a comprehensive review of this service, we would like to exercise our rights under section 3.4.3 of EnCirca’s Registrar Accreditation Agreement to review EnCirca’s registration records. Please prepare to make the following data available to ICANN for all .PRO domains registered by EnCirca:


1. The submission date and time, and the content, of all registration data (including updates) submitted in electronic form to the .PRO registry operator;


2. Copies of all written communications constituting registration applications, confirmations, modifications, or terminations and related correspondence with .PRO registrants, including registration contracts; and


3. Records of the accounts of all .PRO registrants, including dates and amounts of all payments and refunds.

Pursuant to RAA section 3.4.3, ICANN will treat these records as confidential and will not disclose the content of the records to any third parties.

Please provide these records in whatever form is most convenient for you, at your earliest opportunity. It would be most convenient for ICANN if EnCirca could provide copies of the records electronically, and prior to 11 April 2005. If that would not be feasible, we will arrange to visit EnCirca’s offices to inspect the records in person at any time convenient to you during the week of 11 April 2005.

Thank you for your attention. We look forward to your prompt cooperation with this request.

Sincerely,

Tim Cole

Chief Registrar Liaison

Internet Corporation for Assigned Names and Numbers
http://www.icann.org/correspondence/cole-to-barrett-14mar05.pdf

8 Comments:

At 12:18 PM, Blogger nameshare said...

EnCirca's response:


March 16, 2004

Via Email

Tim Cole
Chief Registrar Liaison
ICANN

Re: EnCirca’s ProForwarding Service

Dear Tim,

EnCirca acknowledges receipt of your email dated March 14, 2005 regarding EnCirca’s new registration service for second level .pro domains.

We want to assure you that EnCirca is registering .pro domain names in full compliance of ICANN and RegistryPro policies. Specifically, all registrants of resolving .pro domains have been authenticated as having valid professional credentials by RegistryPro. Furthermore, we have not received any objections from RegistryPro regarding our ProForwarding service.

Additionally, while we adhere to ICANN’s policy on who can register .pro domain names, we note that there are no provisions in ICANN or RegistryPro contracts relating to the use of .pro domain names. Therefore, EnCirca has developed its own .pro use policy specifically prohibiting the misrepresentation of professional credentials. Nevertheless, we would welcome the opportunity to work with ICANN on the development of an Acceptable Use policy for .pro domain names that would apply to all ICANN registrars.

EnCirca requests a teleconference with ICANN the week of March 21 to discuss your concerns. We would also be amenable to including RegistryPro in these discussions.

Since I will be attending the ICANN meeting in Argentina from April 1-11, I suggest that we schedule to meet while we are all there. At that time, ICANN will be able to inspect any of EnCirca’s registration records that are relevant to this issue.

Sincerely,

Tom Barrett
President
EnCirca, Inc

cc: Martin Schwimmer, Esq.

(http://www.icann.org/correspondence/barrett-to-cole-16mar05.pdf)

 
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