14th November 2001
I call on ICANN to commence Sanctions procedures against Afilias if the .info names registered for William Lorenz are not deleted immediately.
Afilias has the powers to delete these names immediately under section I (i) of Exhibit E of the Registry-Registrar Agreement.
William Lorenz has requested Afilias and DomainBank EIGHTEEN times to delete 91 ineligible names registered at Sunrise in his name. They were registered with "NONE" submitted as data in the relevant Trademark sections. Details of these names can be found at www.theinternetchallenge.com
There have been repeated requests from around the world for these ineligible names to be deleted immediately and released to the public (an obligation Afilias has under the ICANN-Afilias agreed Code of Conduct, to administer DNS resources "in a manner that makes them available to all parties").
I request that ICANN INSIST these names are deleted IMMEDIATELY, and that sanctions are put in place if Afilias does not comply.
I draw attention to :
THE REGISTRY-REGISTRAR AGREEMENT
Section 3.5 states: "Registrar SHALL COMPLY with all of the following:..."
3.5.2 "...The Registry Operator's standards as set out in EXHIBIT E"
EXHIBIT E Section V.3.PROCESSING
"In order for TM owners to qualify for registration during the Sunrise period, the following information MUST be provided to Registry Operator (Afilias): 1. Trademark Name 2. TM date 3. TM country 4. TM number"
"REGISTRAR SHALL REQUIRE THIS INFORMATION"
Elsewhere in Section 3.6 it states:
"As part of its registration and sponsorship of Registered Names in the Registry TLD, the registrar SHALL SUBMIT COMPLETE DATA."
In the case of 91 names sponsored by DomainBank for William Lorenz, DomainBank were in breach of their Registry-Registrar Agreement.
I assert that Afilias is in breach of its ICANN-Registry Operator agreement, in that they (a) failed to enforce the requirements of the Registry-Registrar agreement with DomainBank; (b) failed - and continue to fail - to administer the DNS resources (specifically these 91 names) in a "manner that makes them available to all parties".
As Mr Hal Lubsen is both an executive of DomainBank and CEO of Afilias, I find these breaches at Registry and Registrar level to be particularly grievous.
Taken with the sponsorship of the "Plankenstein names" by Speednames (also represented on the Afilias Board) these abuses of the process have been responsible for over 50% of all Sunrise fake registrations.
In addition, there is the one-off case of the Afilias Board member Govinda Leopold, whose company 1stDomainNet procured Hawaii.info and Maui.info with fake Trademark numbers (which Govinda has already admitted, though attributing it to one-off error... an error which was repeated a month later with Govinda.info). While this individual case may be rationalised magnanimously as a "mistake", what remains inexplicable is that the three names have been retained and not deleted, to "make them available to all parties" (ie the public) as the Code of Conduct stipulates.
I await ICANN's response to these very specific and (I believe) reasonable allegations.